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HomeMy WebLinkAbout08-10-1999 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSNORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 10, 1999 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Kelley at 7:08 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tern Metze. INVOCATION The Invocation was provided by Pastor David Squires, representing Lake Elsinore Baptist Church. ROLL CALL PRESENT: COUNCILMEMBERS: BRINLEY, METZE, PAPE, SCHIFFNER, KELLEY ABSENT; COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, City Attorney Leibold, Assistant City Manager Best, Administrative Services Director Boone, Community Development Director Brady, Recreation & Tourism Manager Edelbrock, Police Chief Walsh, City Engineer O'Donnell and City Clerk Kasad. PRESENTATIONS None. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. 1.a., 3, 5,21 and 32. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 1.a., 3, 4 and 5. PAGE TWO - CITY COUNCIL MINUTES - AUGUST 10, 1999 MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 2. Rejected and referred to Claims Administrator for handling, the Claims Against the City submitted by Darwin L. Rogers (CL #99-6) and Christita Sotiangco (CL #99-12). (F:52.2) - PUBLIC HEARINGS 21. 0\ , Liberty Specific Plan Amendment No.2. General Plan Amendment No.2 General Plan Amendment No. 98-4. "A" Tentative Tract Map No. 28766. and Subsequent Mitigated Negative Declaration No. 99-3 (Liberty Founders. c/o Town Group. Inc.) - Resolution Nos. 99-43 - 99-45 and Ordinance No. 1052. Continued from July 26. 1999. (F:150.2) City Manager Watenpaugh noted the audience present to discuss this item and indicated that staff has been working to mitigate concerns on this proj ect. Community Development Director Brady noted the four separate items being considered at this meeting and detailed each component. He explained the Amendment #2 to the Specific Plan was intended to introduce the "traditional neighborhood concept" and address the Wetlands Habitat Enhancement Project. He noted that the new plan includes the narrowing of Diamond Drive to a two lane collector road. He further explained that the Tentative Tract Map is primarily for financing purposes; as it re-divides the parcels. He noted that the Mitigated Negative Declaration addresses the environmental issues and mitigation measures. He indicated that the Planning Commission reviewed the project quite extensively on July 7th and a number of amendments were made to the proposed conditions of approval. He clarified condition #3 noting that it indicates that all previous conditions from the prior approvals will be in full force and effect and the matrix would include those approvals as well. He further clarified that condition # 18 should have the addition of the words" . . . .as determined by the Community Development Director." He detailed the recommended sequence of actions by the Council and offered to answer any questions. Mayor Kelley opened the public hearing at 7: 15 p.m. and invited the applicant to present their request to the Council. Rick Goecher, Director of Local Entitlements for the Town Group, noted that their company was formerly known as TMC Communities and explained that the name was changed in March of this year to better reflect their efforts. He stressed the importance of this change in their efforts to build a "classic and timeless community". He advised that all of the matters before the Council at this meeting have been evaluated and endorsed by City staff, evaluated under CEQA, and all significant impacts can be adequately mitigated. He further advised that the conditions of approval PAGE THREE - CITY COUNCIL MINUTES - AUGUST 10, 1999 have all been worked through by City staff, the City Attorney's office and the Planning Commission. He expressed appreciation to Planning Commission Chairman Wilsey for taking the time to work through the concerns on this project to allow them to proceed to the Council level. He also thanked City Manager Watenpaugh, Community Development Director Brady and Senior Planner Morita for their accurate presentation of the facts in the documentation, noting that he believes all issues were resolved professionally. He introduced the members of the Town Group's team present in the audience to respond to questions or concerns. He noted that the current General Plan Amendment application is as was reviewed by the Council in a study session last November. He further noted that a key ingredient in this recommendation was the reduced level of land use; and stressed the increased amount of open space and the reduced amount of commercial and residential acreage. He advised that these reductions will reduce the daily trips from this development by 35,000. He commented that the Specific Plan Amendment is self explanatory and achieves four things being: 1) introduction of the traditional neighborhood design concept; 2) corrects errors from the original plan; 3) creates additional policy language; and 4) recognizes the State and Federal permit obligations. He thanked the Planning Commission for their individual contributions to the final recommendations for the project. He thanked Chairman Wilsey for his leadership and focus on circulation issues; Commissioner Sands for the integrity of the traditional neighborhood design concept; Commissioner Matthies for her oversight on the design guidelines and the land use interfaces with Wildomar; Commissioner Polk for his interest in protecting the Lake and water quality; and Commissioner Barnes for his in-depth analysis of the existing circulation system deficiencies and looking at opportunities to resolve the problems. Mayor Kelley asked those persons in support of this project to speak. The following people spoke: Bruce Erdel, 36001 Corte Coruna, Murrieta, indicated that he owns rental property in the City and his wife owns property within the project. He noted that they have had the opportunity to visit the "Celebration" development in Orlando, Florida, and it was a very impressive project. He suggested that a similar project would be of great benefit to the City and requested Council approval of the requested amendments. Carmela Rincon Loelkes, 23508 Gingerbread Drive, Murrieta, indicated that she represents the majority of the property owners involved in this project; and after working with the owners, staff and developers since 1983, it was great to know that the project was proceeding. She was pleased that Mr. & Mrs. Lehr would be able to see the development come to fruition and encouraged approval of the proj ect. Mayor Kelley asked those persons in opposition to the project to speak. The following people spoke: PAGE FOUR - CITY COUNCIL MINUTES - AUGUST 10, 1999 Pete Dawson, 18010 Grand Avenue, noted that he submitted a plan two weeks ago that allows the proposed project to be well above flood levels and expands the capacity of the Lake. He suggested that to build homes and not compensate for the flood plain loss would be foolish. He noted a 1988 Lake Management Project Brochure which indicated that the back basin would be "for recreation only, with no housing or commercial development"; and further noted a Lake Elsinore Management Agency brochure which indicated that the floodplain is for storage. He requested that the Council not approve houses without compensating for floodwater storage. - Daryl Hickman, 19 Corte Madera, noted that he is a candidate for City Council, and expressed concern with the same issues expressed by Mr. Dawson. He stressed his concern for flooding of houses and questioned the potential liability on the part of the City. He requested serious consideration of this project, because the inlet channel is wider than the outlet channel. Harv Dykstra, 21700 Cedar Street, Wildomar, expressed serious reservations with regard to building houses on the floodplain. He also expressed concern with existing fault lines and the potential for liquifaction. He noted the potential impacts of this project on Wildomar, indicating that with downsized roads, much of the traffic will spill out onto Grand Avenue, Corydon Road and Mission Trail. He noted prior comments expressed by the Wildomar area with regard to access routes. He suggested that Bundy Canyon should be left out of the project and expressed concern with the potential for Wildomar to experience a 40% increase in traffic. He indicated that the Council should send this project back to the drawing board. Alex Mutch, 15700 Lake Terrace Drive, concurred that there should not be any homes built in the floodplain area and it should be preserved for recreational uses such as golf, tennis and dirt bikes. He suggested that homes with alleys are a big mistake and noted problems in similar tracts in Los Angeles; and expressed concern that it is only being suggested because it makes more money for the people proposing the project. He expressed concern with the potential for inundation of the homes and further stressed the potential hazards associated with alleys. He indicated that Diamond Drive should be four lanes, with double divided roads, turn lanes and traffic signals all the way to Grand Avenue. Dan Uhlry, 150 E. Lakeshore #80, noted that he remembered prior to 1983 - when there was a lot of water coming down the inlet channel. He expressed concern with the 900 angle turn and questioned whether consideration had been given to the potential for additional problems. Mayor Kelley asked those who had submitted requests to speak or were interested in this item to speak. The following people spoke: PAGE FIVE - CITY COUNCIL MINUTES - AUGUST 10, 1999 Bob Parker, resident of Canyon Lake, indicated that his family shops in the City of Lake Elsinore and he represents a firm bidding on a part of the proposed project. He expressed anticipation that the project a lot of money for the City, noting that if they are the successful bidders they will be generating jobs for local residents. He advised that they are storm drain contractors and very familiar with what water will do and see no problems. He noted that based on their projections they will be leaving about 30% or more in the City in employment and revenue being spent in the City. He expressed support for the proj ect. Dick Knapp, 16450 Monterey, City Treasurer, indicated that he has a lot of qualms with this project, as he has not been able to get any information on the elevation of where the streets are going to be. He indicated that there is the potential for twenty-five times more water coming into the Lake than the outflow channel can carry. He indicated that Diamond Drive should go straight through as a four-lane crossover to Stoneman or Bundy Canyon. He expressed concerns with the amount of traffic coming out of the Stadium and noted the potential earthquake problems in the area. He indicated that he has still not received any information about how much bonding will be required for the infrastructure. He indicated that when Ray Wood was here he was talking $200 to $500 million for this project, and expressed uncertainty with how much it had been scaled down. He expressed concern with the kind of agreement the City is tied into with the Lehrs and questioned who has been paying on it. He expressed further concern with the price per acre of the Lehr acreage vs. other acreage. He suggested that there are a lot of shenanigans involved and noted that the company changes names frequently. He indicated that he would like to see some financial backing so the company does not "squeeze the golden egg" to get everything possible. He suggested that the proposed project was asinine. Tony Brogdon, 31006 Lakeview Ave., East, Lakeview, spoke in support of the project, and noted that he has been working with the community on other projects for the past 10 years. He further noted that he did a great deal of study with SA WP A and the Corps of Engineers, and he has first hand knowledge of the floodplain. He commented that there has always been groups of people against any kind of project and expressed concern that if those are the only voices heard on this project the City will miss a great opportunity. He indicated that this developer has worked with the City for a long time and has the ability to create something worthwhile, while protecting and preserving important factors. He indicated that this opportunity was a crossroads for the community, much like the crossroads it encountered in taking over the Lake. He suggested that the same people were speaking against some the current projects which have been built and benefited the City. He noted a incident where past Councilmembers distributed what they knew to be an inaccurate brochure to area neighborhoods; and expressed concern that the City might go backwards by listening to negative voices. He stressed that this project is positive for the City. PAGE SIX - CITY COUNCIL MINUTES - AUGUST 10, 1999 Ned Montgomery, 40291 Tanager Circle, Temecula, indicated that he was present tonight to support the Liberty project because as a small business owner in Temecula, the growth potential will aid Lake Elsinore and Temecula. He stressed that everyone benefits from joint successes, and encouraged approval of the project. He expressed concern with the potential for the area to gain the reputation of not supporting Growth. - Bill Starkey, 17360 Ryan Ave., indicated moved here 24 years ago when there was only 3,500 people; noting that it has grown a lot, but it has not grown like Murrieta or Temecula. He suggested that this project is a great opportunity to draw affluent people to the community and benefit area businesses. He noted that this project first came to the City when he was on the City Council and was very primitive in its design, but it was a great project. He expressed happiness with seeing it proceed at this time and expressed his 100% support of the project. Eike Hohenadl, 27 Corte Palazzo, noted his participation at Skydive Elsinore, and expressed concern with keeping aviation sports in the City as long as possible; and noted that some of the original records for free-fall were initiated at Lake Elsinore. He noted the movies and commercials which have been filmed in Lake Elsinore, and advised that there has been over 400 skydivers from five different countries in Lake Elsinore this year. He further advised that there is a regular group of skydivers that comes from the five counties from San Diego to Ventura. He commented on the contributions of the skydivers to the revenues of the City, as well as the contributions to the visibility of the area, which is identified by skydivers all over the world. He noted that the Liberty project is very dense and this proposal would essentially do away with Skydive Elsinore. He requested that the City Council work with the staff, the Planning Commission and the developer to allow Skydive Elsinore to continue operations. - Donna Franson, 7 Villa Valtelena, spoke in support of the project and indicated that it would be a great asset for Lake Elsinore. She noted the environmental issues involved in the project, but indicated that with the required approvals by other agencies her concerns in that area are eased. She indicated that those are the safety nets for environmental concerns. She noted the roadway construction within the project and commented that they are to be funded on a fair share basis by the developer and the new homeowners. She stressed that the City is not involved in the financial plans for building the development. She noted the many assets the City has to offer, like airflow for skydivers, the Lake for water sports, the Diamond, Main Street and the Outlet Center. She further noted that she has seen the "Celebration" development in Florida and if the plans are designed after that community, the project will be an asset to draw many people to Lake Elsinore. She expressed hopes that the Council would consider the future potential of the project and work with the Town Group to make it happen. - Mayor Kelley noted that she received a letter of opposition from Mr. Richard Holmes, Trustee for the DTHR Family Trust. PAGE SEVEN - CITY COUNCIL MINUTES - AUGUST 10, 1999 - Ron Satter, Four Comers AMlPM, noted that his family has been here since 1948 or 51 years; and have done all kinds of things in the four comers area. He encouraged the Council to look at what has occurred in the four comers area and realize what can happen with this project. He stressed the improvements at four comers and commented that the same potential exists for other areas. He indicated that the streets and other issues can be resolved. He further indicated that he is totally in support of the project. He suggested that the Council couldn't worry about a four lane highway; and noted that he dedicated six lanes to the City and six lanes to Caltrans for future improvements. Rick Goacher, noted that this plan was part of a process started quite some time ago, and indicated that what is presented at this time is the result of very detailed studies over time, which have been checked at all levels of government. He indicated that with regard to water and drainage, the project will not be draining into the Lake or causing any adverse conditions. He stressed that this is part of a process with layers of data; and they are asking the Council to vote based on the material presented. He detailed the proposed traffic circulation and its relationship to the freeway and noted the improvements that will be made on the Bundy Canyon ramps and the interchange at Olive Street, in which they will participate. He also noted their efforts to solve the problems at Railroad Canyon Drive and indicated that they have a requirement to conform to the City's circulation plan. He advised that the Diamond Drive traffic studies don't indicated that it will need to be a major road, and reiterated that the previous plan had much less open space than is currently proposed. He presented a photo board depicting the quality of homes being proposed and clarified the proposed design of the alleys. He stressed that the project would be of very high quality and noted specific design details; and noted that they expect to return in October or November for additional approvals. He explained the park and open space areas and noted that they are proposing a 21 acre man- made lake within the Village Center. He clarified with the configuration of Diamond Drive, it would be impossible for someone to drive 40, 50 or 60 mph; and noted the very short blocks with stop signs. He pointed out the community spaces such as common plazas and fountains and noted that the plans presented are conceptual, with a more formal plan to follow later. He addressed the comments regarding earthquakes and fault areas and indicated that they have done extensive work in that area and carbon dating indicates that the last activity was over 10,000 years ago. Mary Lynn Coffee, Vice President of Governmental Affairs for the Town Group, addressed some of the technical details of the project. She addressed the flood storage issue and agreed that it would be bad to build houses in a floodplain and not make accommodations for flood capacity. She clarified that they are not building in a floodplain and must assure proper flood storage capacity before they can build. She explained that the development will be regulated by the Lake Management Permit that was issued in 1989 with the original anticipation of all open space. She further explained the subsequent amendment which provided for development uses; PAGE EIGHT - CITY COUNCIL MINUTES - AUGUST 10, 1999 of which all affected agencies were aware at the time. She noted that it is a unique situation in which the Corps has jurisdiction over the back basin; and clarified that they would be required to raise all development to an elevation of 1265', while maintaining and established flood storage capacity. She detailed the plans that must be submitted and the special analyses required for development. She noted that they are awaiting approval at this time and indicated that they anticipate having storage capacity in excess of the requirements. She clarified that they will have to provide fill for building pads and build areas to store water. She detailed the approvals that would be required from the Federal Emergency Management Agency. She addressed the issue of Skydive Elsinore and pointed out that the location of the airport has not changed from the original plan. She indicated that they have a letter agreement with Skydive Elsinore stating that Village one is compatible with their continued operation. Hearing no additional requests to speak, Mayor Kelley closed the public hearing at 8: 15 p.m. Councilwoman Brinley asked Ms. Coffee about the man-made lake and inquired if it would have any adverse impact on the existing Lake. Ms. Coffee indicated that it would have no impact on the Lake, because it was not in anyway tied to the existing Lake or its aquifers. Councilwoman Brinley inquired if it would be taking water from the existing Lake. Ms. Coffee indicated that it would not. Councilwoman Brinley questioned why the process has taken so long to date. Ms. Coffee explained that much of the time has been spent obtaining State and Federal regulatory approvals. She noted that they began the process in 1996, and highlighted the process they have been through to date. Councilwoman Brinley questioned whether consideration had been given to the inlet channel turn discussed in this meeting. Ms. Coffee indicated that they are aware of the turn and the scouring that has occurred in the past. She expressed disagreement with the comment that the inlet is 25 times larger than the outlet, but clarified that all of those factors will have to be analyzed and approved by other agencies. Councilwoman Brinley noted comments about the lack of commitment by the Town Group to the community and questioned the expenditures to date. Todd Olson clarified that they are taking no money from the City to do their project and advised that to date they have an investment in excess of $10 million. He noted that as they near groundbreaking the monthly costs are frightening. He also noted that they are reimbursing the City monthly for processing costs, so that there is no burden on the City, RDA or community. He reminded the public of the burden they took on in operating and maintaining the Diamond Stadium and expressed pride in this endeavor. He noted that there is a requirement to put money into it on an annual basis and expressed hopes that the Council and community were proud of the current arrangement. Councilwoman Brinley commented on the first discussions of the Stadium agreement and noted Mr. Olson's concern for the operations since it was an entry to their project. Mr. Olson stressed that the project will stand on its own financially, and while there will be a public finance component, the expenses will be paid by - - - PAGE NINE - CITY COUNCIL MINUTES - AUGUST 10, 1999 the new residents, not the current residents. Councilwoman Brinley noted that the project will form a Homeowners Association and just like Tuscany Hills, maintenance will be an important factor. She noted the concerns expressed by the public about the proposed alleys, and stressed that the HOA will insure proper maintenance. Mr. Olson confirmed that maintenance will be guaranteed by the Homeowners Association. Councilwoman Brinley questioned the circulation for the project and whether it would be disconnected from the downtown area. Mr. Olson indicated that there was no change in the circulation element and the project would not be a gated community or disconnected from the rest of the community. Councilwoman Brinley addressed the airport issue and noted that the Council has made it clear that they want to see the airport maintained to keep bringing tourists and recreational facilities to the City. Mr. Olson indicated that they are not proposing any changes to the airport situation, and reiterated that they have signed a letter confirming that. Councilwoman Brinley questioned the impact of the second phase on the airport. Mr. Olson indicated that they have pledged to meet with the current operator and do studies on how to work together in the future. Mayor Pro Tem Metze complimented the Planning Commission on the conditions of approval they added, particularly the requirement for biannual traffic studies to be done on Diamond Drive with mitigation of significant impacts. He indicated that to not give proper consideration to this project would be doing a great disservice to the community, and reiterated that this project was originally approved in 1993, with this consideration being for an amendment. He noted the time the Council has invested in this consideration including two study sessions and additional meetings with staff. He stressed that this project originally had about 1,100 acres of open space and this will increase to 1,300 acres and the dwelling units will be decreased by 1,000 units. He further stressed the benefits of this improved plan, and explained that he was looking to determine if the project was better than what was already in place. He indicated that while he would love to see more developments like Northshore and Centex, but noted suggested that type of development might not be appropriate for this location. He further indicated that the "traditional neighborhood design" is not new and noted recent media coverage on similar projects; and indicated that in his time as a City Councilmember and Planning Commissioner it has been increasing as a topic of discussion. Mayor Pro Tem Metze addressed his specific concerns and provided information on the project as follows: 1) Page 11 of the Specific Plan Amendment document - He noted for the public that the Open Space, Natural and Multi-Habitat is increased by 175 acres. He indicated that this means 25% of the project falls into the Natural Open Space category. 2) Page 23 of the SPA - He indicated that one of the main purposes of this document is to deal with the "traditional PAGE TEN - CITY COUNCIL MINUTES - AUGUST 10, 1999 neighborhood design" concept and concurred it would be very positive for the area. 3) Page 36 of the SPA, Section 7 - He indicated that in the introduction it says subject to approval of changes, the project could develop as a conventional community or traditional neighborhood design. He indicated that if it were to revert to a conventional community design he would want it to return for additional approvals. Community Development Director Brady suggested a change in verbiage, stating that "Development of a conventional community would require amendment of the specific plan." Ms. Coffee indicated that there was some confusion with the document in that it also contained conventional standards and questioned if it would really be an amendment; but agreed that such a change should come back to the Council for review. City Attorney Leibold clarified that it would ultimately end up being an amendment either way. Assistant City Attorney McClendon suggested in light of the 30 day clause for finalizing the form of the document, if the Council direction is to incorporate that concept it would be done so in that time period. 4) Page 46 of the SPA - He questioned the term "row houses" in Section 7.4.4; and noted his understanding that it is basically a townhome or condo design. He inquired if the term could be changed to either townbome or condo. Mr. Goacher indicated that they would have no objection to changing to townhome, but explained that these homes would be up to 3,000 square feet in area with private yards. Councilwoman Brinley noted that these homes will be mixed in among the other styles of single-family residences. 5) Page 51 of the SPA - He questioned Section 7.8.6, in the second bullet, and questioned what was meant by "parking bays". Mr. Goacher indicated they would be like the ones in front of the Cultural Center and on Main Street, providing angular parking areas. 6) Exhibit B-14 - He indicated that there was a correction which should be made for the developer's benefit and identified a discrepancy in number 77. He noted that on page 10 of the document it reads differently with regard to the timing of school mitigation. He indicated that it would not be mitigated until the map was approved. Mr. Goacher indicated that the verbiage on page 10 was the original intent and the proper verbiage. Mayor Pro Tern Metze surmised that he believes that something is going to be built at this location, and this requested amendment will provide - - - PAGE ELEVEN - CITY COUNCIL MINUTES - AUGUST 10, 1999 something better for the community. Councilman Pape indicated that a lot of his comments have already been made, but stressed that this is an already approved plan, with the question being whether the Council likes the concept of a "traditional neighborhood plan". He addressed the comments about alleys and noted that this is not intended to be like other "normal" Southern California housing tracts. He noted that he grew up in Michigan and still recalls upon coming to California, being struck by the idea that you could not see houses from the street, but only garages. He explained that while this might be a new concept for California, it has been used throughout the rest of the country for many years. He indicated that he would much rather see a traditional neighborhood in this area, than another cookie cutter development. He addressed the photos and material presented for review regarding a traditional neighborhood and suggested that this type of development will draw people to the community to see its design. He indicated that this was an opportunity for the City to be on the cutting edge of a design style. He commended the developer for the persistence to pursue this proj ect through all of the required governmental agencies. He reiterated that they have already invested over $10 million in soft costs and noted that the Council had directed staff to resolve the issues prior to Council consideration. He noted that the comments from the Town Group show that they are supportive of the skydiving interests and expressed confidence that they would seek the ability to coexist. He reiterated that the City is not giving any monetary support and reiterated the items being considered at this meeting. He expressed concern with the insinuation that the Council was being irresponsible. He noted the side benefit of creating jobs, but stressed that growth or growth's sake was not the intent. He indicated that this was an opportunity to enhance the community. He noted the importance of noting that back basin water storage was not being lost, but ultimately enhanced. He concurred with Mayor Pro Tern Metze's comment about returning to Council for conversion back to a conventional community. He noted that the staff report calls for a biannual traffic study to ensure that there have been no miscalculations and that there are appropriate traffic flows. He reiterated that the developer has been paying their own way through cost recovery on a monthly basis. Councilman Schiffner noted the conditions presented by staff and stressed that the project will not be costing the taxpayers of the City any money. He noted that conditions 10, 11 and 12 require that all costs for Police, Fire, City services and road maintenance would be taken care of by a financing method to be determined. He also noted that all roadway widths and sight distances must be reviewed and approved by the Fire Department; and stressed that the Fire Department recommendation will be what the City approves. He further noted that the cost of operating a fire station is included in Condition 12 for operation and maintenance of the station. He indicated that he was pleased to see those items addressed. Councilwoman Brinley praised Planning Commissioner Barnes for the PAGE TWELVE - CITY COUNCIL MINUTES - AUGUST 10, 1999 inclusion of the condition requiring a biannual traffic study and commended his foresight in placing that condition on the project. She also commended the entire Planning Commission on their consideration of this project. Mayor Kelley noted that this has been a long and tedious process for staff and Council, stressing that they have been through the documents with a fine tooth comb. She noted the need to go back and look at the original approval, commenting that they already have permission to build, but this consideration is to look at the concept of the "traditional neighborhood design". She noted that focusing on this factor allowed for more logical review of the request. She indicated that she went back to one of her old neighborhoods and noted that it has faired very nicely; and based on that she would endorse the traditional neighborhood design concept. She stressed the need to determine if it would make the approved project better; and indicated that she feels it is something better. She indicated that the HOA is a vital part of the plan and she was glad to see it included. Mayor Kelley noted that she had some of the same concerns as Mayor Pro Tern Metze, particularly with regard to the project reverting to the conventional community plan. She stressed that the traditional neighborhood plan is much better than the original plan. She indicated that she did not believe four lanes for Diamond Drive would be wise, and noted that Mission Trail is already slated for improvement. She reiterated that the airport was extremely important to the Council. She expressed appreciation for the thorough explanation of the water storage issue. She indicated that the public needs to keep in mind that the developer must meet all standards at all levels for water storage, fault lines, etc. She reiterated that the new concept is much better than that proposed in 1993. - - Councilman Schiffner noted that this is not the last time the project will be before the Council, as they will see the tract map and specific details as it proceeds. He stressed that every detail will be reviewed by the Council for compliance. MOVED BY BRINLEY, SECONDED BY P APE AND CARRIED BY UNANIMOUS VOTE TO CERTIFY SUBSEQUENT MITIGATED NEGATIVE DECLARATION NO. 99-3, AND ADOPT RESOLUTION NO. 99-43 : RESOLUTION NO. 99-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING SUBSEQUENT _ MITIGATED NEGATIVE DECLARATION NO. 99-3 (LIBERTY FOUNDERS). MOVED BY BRINLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE GENERAL PLAN AMENDMENT NO. 98-4 AND ADOPT RESOLUTION NO. 99-44: PAGE THIRTEEN - CITY COUNCIL MINUTES - AUGUST 10, 1999 RESOLUTION NO. 99-44 _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 98-4 (LIBERTY FOUNDERS). MOVED BY BRINLEY, SECONDED BY METZE TO APPROVE LIBERTY SPECIFIC PLAN AMENDMENT NO.2 AND ADOPT ORDINANCE NO. 1052 UPON FIRST READING BY TITLE ONLY, WITH CONDITIONS AS AMENDED ON PAGE 36 OF THE SPECIFIC PLAN AMENDMENT DOCUMENT TO REQUIRE ADDITIONAL PLANNING COMMISSION AND CITY COUNCIL APPROVAL FOR RETURN TO CONVENTIONAL COMMUNITY PLAN: ORDINANCE NO. 1052 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE LIBERTY SPECIFIC PLAN AMENDMENT NO.2 (LIBERTY FOUNDERS). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BRINLEY, METZE, P APE, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE MOVED BY BRINLEY, SECONDED BY P APE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE "A" TENTATIVE TRACT MAP NO. 28766 AND ADOPT RESOLUTION NO. 99-45: RESOLUTION NO. 99-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING "A" TENTATIVE TRACT MAP NO. 28776 (LIBERTY FOUNDERS). City Attorney Leibold clarified that the effective date of this Resolution, as contained in Section 4, should be revised to coincide with the effective date of the Ordinance. CONDITIONS OF APPROVAL PAGE FIFTEEN - CITY COUNCIL MINUTES - AUGUST 10, 1999 6. The Applicant shall provide all project-related onsite and offsite improvements as described in the Liberty Specific Plan Amendment No.2 document. 7. The Applicant shall implement those mitigation measures identified in the Mitigation Monitoring Program adopted with the Final East Lake Specific Plan Environmental Impact Report No. 98-2, Liberty Specific Plan Amendment No. 1 Addendum, and Liberty Specific Plan Amendment No. 2 Subsequent Mitigated Negative Declaration No. 99-3. 8. Throughout the development and sale of homes in Phase 1, the Applicant shall conduct bi-annual traffic analyses, subject to the review and approval of the City Engineer, in order to monitor traffic impacts of the Liberty Phase 1 project to the existing local streets in the vicinity of Phase 1 and the Diamond Drive/I-15 connection. If an analysis indicates traffic conditions exceeding level of service authorized by the 1993 East Lake Specific Plan EIR, then the Applicant shall contribute, on a fair share basis, taking into account existing conditions and cumulative background traffic growth, to the construction of the intersection improvements identified as Phase 2 improvements in the 1993 East Lake Specific Plan EIR and determined to be necessary by the additional traffic analysis. 9. Prior to Phase II development of the ELSP, the Applicant shall conduct additional traffic analyses, subject to review and approval of the City Engineer, to evaluate the ELSP circulation system constructed at that time, and to determine if additional design options are warranted. If additional design options are determined to be warranted by the City Engineer, the traffic analyses shall also evaluate the circulation implications of the additional design options. Based upon the additional traffic analyses, the City shall select the most feasible design option based on its ability to offset any potential significant congestion impacts. These design options include (but are not limited to) the following: · Widen Mission Trail to eight lanes from Diamond Drive to Lemon. · Widen or realign other roadways within the ELSP Phase II area to relieve areas identified in the traffic analyses as significantly congested. 10. Future "B" Tentative Tract Maps shall be designed in accordance with the following: . All circulation improvements, including (without limitation) road widths, roundabouts, turning movements, sight distance, and approach widths will be designed to ensure fire safety and emergency access as determined by City staff and City Council in accordance with Section IV.C.3.b. of the East Lake Specific Plan Amendment One and in consultation with the Riverside County Fire Department. Prior to consideration of a tentative tract map application, the City shall consult with the Riverside County Fire Department and the Department shall review the application and provide findings supported by substantial evidence to the City concerning its PAGE SIXTEEN - CITY COUNCIL MINUTES - AUGUST 10, 1999 recommendation of the proposed street design. The City shall deny the tentative tract map application if the County's findings demonstrate substantial adverse environmental impacts with respect to fire safety and emergency access. - · Alternative Class II bikeway routes shall be identified on future "B" Tentative Tract Maps. Said alternative bikeway routes are required to offset the elimination of the proposed Class II bikeway along Diamond Drive as a result of the proposed GPA No. 98-4. 11. Taking into account all arrangements between and among the City, the Applicant and the Redevelopment Agency, prior to issuance of the first building permit, the Applicant shall participate in a Cost Recovery Program or make other arrangements with the City to offset the annual negative fiscal impacts of the project on public safety and maintenance issues in the City, including regional improvements and facilities relating to fire and police protection, and maintenance of roadways, etc. 12.Section 5.3.10 of the 1993 East Lake Specific Plan is amended to read as follows: "The operation and maintenance of Fire Station(s) in East Lake shall be provided through the City General Fund or other District/Agency, or through the Applicant's contractual obligation to contribute its fair share based upon the project's negative fiscal impacts on fire services." - 13.Prior to the issuance of any grading permits, the Applicant shall submit a final grading plan, subj ect 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 Liberty Specific Plan Amendment No.2 document, the Liberty Specific Plan Amendment No.1, and 1993 East Lake Specific Plan. 14.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. 15.All future proposals shall be reviewed by the City on a project-by-project basis. If determined legally necessary by the City Attorney, additional environmental analysis will be required. 16.Prior to issuance of first building permit, the affected landowner or developer shall be required to demonstrate compliance with State law relating to school impact mitigation. _ Engineering Division 17. Approval of "A" Tentative Tract Map 28766 is for financing and sale purposes only. No building permit shall be issued for lots established by this "A" Tentative Tract Map until the Applicant has applied for approval of a "B" Tentative Tract Map. As part of its review of the "B" Tentative Tract Map, the PAGE SEVENTEEN - CITY COUNCIL MINUTES - AUGUST 10, 1999 City can require amendment to the "A" Tentative Tract Map, if the "B" Tentative Tract Map creates design and/or development problems. 18.If the proposed alignment of Diamond Drive results in the loss of parking spaces in Lot C, the Applicant shall provide replacement parking of equivalent quality and parking capacity as determined by the Community Development Director, prior to grading permit. Applicant shall take such action as is required to satisfy this condition, including (without limitation) acquisition and improvement of replacement parking spaces for the Lot C parking spaces lost. 19.5treet sections on the "A" Tentative Tract Map shall show parking lanes as eight feet wide. 20.H and K Streets as shown on the "A" Tentative Tract Map shall be 38 feet wide curb-to-curb. 21. The acquisition of right-of-way for the roundabout offsite on Malaga Road shall be in compliance and meet the requirements of the Disposition and Development Agreement between the RDA and the Applicant. 22.Intersection site distance shall meet the design criteria of the CAL TRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance is obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. As shown on the "A" Tentative Tract Map, intersections on the inside of curves are F Street and M Street, F Street and C Street, F Street and L Street, and J Street and H Street. 23.Prior to recordation of a Final Map, Applicant shall comply with the requirements ofLEMC 16.52.030. 24.All parcels shall have access to public right-of-way or be provided a minimum 30 ft. ingress-egress easement for public right-of-way purposes to be recorded with the map or by separate instrument. 25.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 tract map. 26.All open space and slopes except for public parks and schools and flood control district facilities outside the public right-of-way will be owned and maintained by a homeowners' association, an appropriate conservation agency, or private property owner. 27.The Applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its officials, officers, employees, and agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeals boards, or legislative body concerning the PAGE EIGHTEEN - CITY COUNCIL MINUTES - AUGUST 10, 1999 Liberty Specific Plan Amendment No.2, General Plan Amendment No. 98-4, "A" Tentative Tract Map No. 28766, and Mitigated Negative Declaration No. 99-3 for Liberty Specific Plan Amendment No.2, which action is brought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully in the defense. If the City fails to promptly notify the Applicant of any such claim, action, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 9:13 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:27 P.M. BUSINESS ITEMS 31. Boat Storage in Flood Plain at 17937 Lakeshore Drive. (F:32.2) City Manager Watenpaugh noted that this item was returning following discussion at the last Council meeting. - Community Development Director Brady explained that this item was continued from July 26th and detailed the request. He clarified that the approval would be authorization for the applicant to submit the required applications. He further clarified that the applicant would be required to comply with all City and environmental standards, as well as being reviewed by other required governmental agencies. Councilman Schiffner noted that he did have some questions, but felt they would be addressed by the other required processed. Councilman Pape indicated that he would be in favor of the applicant submitting an application. Mayor Pro Tern Metze inquired if the City Attorney was satisfied with the requirements. City Attorney Leibold confirmed and explained that the Council action would authorize submittal of applications and start the review process. Mr. Metze indicated that he would like to see the project happen as painlessly as possible; noting the limited potential uses for this particular piece of property. Councilwoman Brinley indicated that she wanted to see all of the issues addressed and stressed the requirements with which the applicant must comply. She thanked the applicant for allowing the Council time to continue this item and investigate it further. Mayor Kelley indicated that she had no problem with allowing the applicant PAGE NINETEEN - CITY COUNCIL MINUTES - AUGUST 10, 1999 to file the necessary paperwork, but noted the complexity of the process. _ MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE SUBMITTAL OF AN APPLICATION FOR THE CONSTRUCTION OF A BOAT STORAGE STRUCTURE WITHIN THE FLOOD PLAIN DESIGNED TO PREVENT OR MINIMIZE FLOOD DAMAGE AND AUTHORIZE MR. TERRY THIELEN TO BEGIN THE STANDARD PROCEDURE NECESSARY TO OBTAIN A CONDITIONAL USE PERMIT, BUILDING PERMITS, AND ALL OTHER NECESSARY APPROVALS FROM THE GOVERNMENTAL ENTITIES EXERCISING JURISDICTION OVER THE PROPERTY. 32. Tosco Marketing Company's Appeal of City Staffs Proposed Determination to Close Grape Street Median Opening in Front of Union Oil Service Station. (F:156.1) City Manager Watenpaugh noted the location of this property and the original requirement with regard to the median. Community Development Director Brady indicated that when the Union 76 project was approved in 1995, there was a condition allowing a temporary opening in the median on Grape Street. He explained that staff originally recommended against the opening, but the Council agreed to allow it on a temporary basis. He further explained that the applicant submitted a deposit for traffic studies and the required closure. He detailed the traffic count limits which would require closure and advised that both the 1997 and 1998 studies were in excess of those limits. He explained that the City sent a letter to the applicant regarding the closure requirement, and the applicant requested a meeting to discuss it. He advised that staff met with the applicant and determined that the median should be closed at this time; the applicant subsequently appealed that decision. He explained that the appeal was the reason for this item and reiterated staffs recommendation for closure of the median. Erik Basil, representing Union 76, requested that the median not be closed because it would hurt their business. He noted their sign board and efforts to participate in the community. He indicated that they were present as a corporate citizen offering assistance to address a problem in the area. He commented that all of the parties agree that there are traffic problems to be solved on Grape Street; and suggested that they are best addressed by a project study report looking at freeway on-ramps and off-ramps. He suggested that their commitment to that solution would be a $10,000 deposit toward the necessary study. John Williams, Division Manager for Tosco Marketing Company for the Inland Empire, indicated that they operate 95 Circle K and Union 76 facilities in three counties; seven of the sites being in the Lake Elsinore area. He stressed the importance of access to their facilities for success in the convenience business; noting that medians impact that success. He PAGE TWENTY - CITY COUNCIL MINUTES - AUGUST 10, 1999 noted that when this project was first planned it was a "Fast Break", but has not been converted to a full Circle K convenience store. He noted three locations with new medians which have either closed or been offered for sale. He pleaded for consideration of the traffic data presented. - Greg Briggs, Real Estate Manager for Tosco, noted that there are six Circle K and Union 76 locations in the City; and reminded Council of the media sign on which the City has a large percentage of advertising. He indicated that they employ in excess of 50 people in the City and feel they are pretty good corporate citizens. He expressed disbelief that the traffic problems are a result of the break in the median. He reiterated their interest in placing a $10,000 deposit with the City towards a traffic study of the Freeway and Railroad Canyon Road problems. Jim Kowamura, representing KHR Associates, Traffic Consultant to Tosco, indicated that he has been involved in the traffic related issued of this site since day one. He further indicated that he was present when the compromise was reached and has prepared the subsequent traffic studies. He advised that they have taken traffic counts and reported them; and while the numbers now exceed the agreed to numbers, they took some videotape to understand the dynamics of the traffic on Grape Street. He noted that while they recognize that there are major traffic problems in the area, in reality closing the pocket will result in no significant improvement of traffic in the area, and no measurable benefit. He stressed that there are a lot of problems, including seasonal impacts; but noted that there are no reported accidents associated with the pocket. He suggested that the expenditure of funds for the closure was a waste and would be better spent toward a long term solution looking at the 1-15 interchange; requiring a joint effort between the City and Caltrans. Dan Uhlry, 150 Lakeshore Drive, #80, noted an experience of towing a vehicle stalled in the intersection in question and stressed the difficulty of the situation. He commented that there were major allowances when the facility was built, and noted the limited space constraints for Circle K. He indicated that the median opening serves no purpose, but creates more congestion. He suggested that the traffic leaving the shopping center was not likely to pull into Circle K for a soda. He noted that he spent 1/2 hour at that location and saw no one use the opening. He further noted the potential hazard of crossing the street at the opening. Councilman Pape requested a report from the City Engineer. City Engineer O'Donnell indicated that staff was originally against the opening, but had compromised to allow the opening until the traffic increased to 480 trips an hour. He advised that the traffic is now 670 trips per hour; and noted that it is really a left turn within a left turn which is not a common practice. He indicated that most engineers would say it was not a good arrangement. He further indicated that staff is also against the opening for the protection of people making turns on Grape Street; and noted that the opening cuts down the capacity of the left turn pocket by eight or ten vehicles. Councilman PAGE TWENTY-ONE - CITY COUNCIL MINUTES - AUGUST 10, 1999 Pape inquired if this closure would reduce the potential for rear end accidents, and eliminate stacking problems; and questioned how often the traffic is now stacking into the through lane. Mr. O'Donnell indicated that is generally a problem only around the holidays or during peak hours. City Manager Watenpaugh noted the questioned the traffic study for the interchange, the anticipated ramp configuration and its impact on the median under discussion. Mr. O'Donnell noted the potential problem if the break remains. Mr. Watenpaugh suggested that this was a balancing of the trade-offs. Mr. O'Donnell suggested if the closure is not done now, it will be a continuing problem in the future, and stressed that it is not a common configuration. Mayor Pro Tem Metze noted that he sat on the Planning Commission when this was approved, and indicated that he asked at every Commission meeting if the applicants agreed with the Conditions of Approval. He expressed belief that the applicant agreed to the conditions at that time, but was now not agreeing. He clarified that the City is not saying they are creating the traffic problem on Diamond Drive and Grape Street, but if they really want the study, they might want to pay a larger portion for the study to get done. He stressed the original agreement and noted the increased traffic numbers which have occurred; and which will occur in 1999, with the construction of additional homes. He stressed that the numbers from the 1998 traffic study exceed the limit by 40% and supported the staff recommendation for closure. Councilwoman Brinley noted that the Union 76 is a valued member of the community, but stressed that when it came before the Planning Commission they knew this was a limited approval. She indicated that when the traffic engineers address future potential for problems she wouldn't want to add the preexisting problems; and noted that $10,000 is only a drop in the bucket toward the cost of the study discussed. She expressed concurrence that it was time to close the median and noted that she had personally viewed the traffic problems at that location. Councilman Schiffner indicated if the only reason that this was requested for closure was the vehicle count by some empirical formula, he might not go along with it; however he explained that the applicant was granted approval of a sign of excessive height to improve freeway visibility. He suggested that the majority of the customers are coming from the freeway to this facility and they are not using the left turn pocket. He further suggested that due to the access for the area, practically every car using the turn pocket would have already passed the Union 76 once already, on the way in. He indicated that he really doesn't feel that the closure will be detrimental and suggested that the opening creates a potential hazard. He noted that the biggest problem is people exiting the facility and using the turn pocket going the wrong direction, causing a worse traffic hazard. He advised that he was definitely against leaving the median open and did not believe it was detrimental. PAGE TWENTY-TWO - CITY COUNCIL MINUTES - AUGUST 10, 1999 Mayor Kelley reiterated the original approval and the limitations placed on the project. She stressed that the applicant went into this project knowing it would be closed, and expressed support for staffs recommendation. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY - UNANIMOUS VOTE TO APPROVE STAFF'S RECOMMENDATION TO ENFORCE CONDITION OF APPROVAL 56 AND CLOSE THE MEDIAN OPENING IN FRONT OF THE UNION 76 SERVICE STATION ON GRAPE STREET. ITEMS PULLED FROM THE CONSENT CALENDAR 1. Minutes a. Regular City Council Meeting - July 26, 1999. (F:44.4) Dick Knapp, City Treasurer, addressed the first paragraph on page 7 of 11, noting that he has requested that his comments be reviewed on the tape prior to approval of the minutes. He suggested that his comments were taken out of context and should have been that he was "... .hea~ing 1/4 to 1/2 a billion dollars. . ..". He indicated that he would like to have that changed prior to approval of minutes. He then addressed Mr. Metze's comments on page 9 of 11, and questioned why his name was not in there. He indicated that he asked for a copy of the agreement discussed and indicated that there was nothing answering his question in that document. He stressed that the project would be very costly and commented that he believed the figures in 1993 were $400-$500 million. - MOVED BY METZE, SECONDED BY P APE AND CARRIED BY UNANIMOUS VOTE TO CORRECT MR. KNAPP'S COMMENTS ON PAGE 7 TO BE "1/4 TO 1/2 BILLION DOLLARS", AND APPROVE THE BALANCE OF THE MINUTES AS PRESENTED. Mayor Pro Tern Metze indicated that his comments would stand as printed. Council consensus was that there was not need to review the tape of the meeting. 3. Resolutions Confirming Placement of Weed Abatement and Nuisance Abatement Costs on Property Tax Roll. (F:166.1) Dick Knapp, City Treasurer, indicated that he was reviewing the lists and - noticed that his son's property was on this list on page 15 of 26, item #3. He noted the Code of Fair Campaign Practices which he refused to sign for the upcoming election and then found that this property which has been in the family for over 10 years is being billed at $300 per lot on his son's property. He indicated that they have always sent a letter on the day the property was cleaned to have the records adjusted; and now before an election he is being "dinged" for $700. He requested that the property be PAGE TWENTY-THREE - CITY COUNCIL MINUTES - AUGUST 10, 1999 removed from the list, as the letter has already been sent to Miss Gordon. He suggested that this was a means of harassment and questioned why it was coming up after 10 years. City Manager Watenpaugh inquired if Mr. Knapp had confirmation that Miss Gordon received the letter. Mr. Knapp indicated that he assumed that she had received it. Community Development Director Brady indicated that the property was abated and that is the reason the charge was placed. He clarified that when properties are identified for abatement, staff has no idea whose properties they are. He stressed that after the properties are identified the property owners are notified and indicated that staff has no vested interest in the outcome. Mr. Watenpaugh indicated that staff would verify the records, check on the letter and report back to Mr. Knapp, noting that if there was an error it will be corrected. Councilwoman Brinley commented that the public needs to know that the Council has nothing to do with who is assessed, noting that they received limited information on the individual lots. She indicated that Mr. Knapp's statement was uncalled for, and stressed that the Council only has parcel numbers of the properties and no information on the property owners. Mayor Kelley confirmed that their packet only listed numbers, no names. Mayor Pro Tern Metze suggested that Mr. Knapp should have discussed the matter with Carol Gordon for clarification. MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 99-46 FOR WEED ABATEMENT COST RECOVERY AND RESOLTUION NO. 99-47 FOR NUISANCE ABATEMENT COST RECOVERY AND DIRECT STAFF TO PLACE SPECIAL ASSESSMENTS AGAINST PROPERTIES LISTED IN THE ITEMIZED REPORTS IN THE CUSTODY OF THE CITY CLERK'S OFFICE. RESOLUTION NO. 99-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF WEED AND RUBBISH ABATEMENT, CONFIRMING THE ITEMIZED WRITTEN REPORT OF EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT LIEN AGAINST SAID PARCELS OF LAND PURSUANT TO SECTION 29574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE. PAGE TWENTY-FOUR - CITY COUNCIL MINUTES - AUGUST 13, 1999 RESOLUTION NO. 99-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF NUISANCE - ABATEMENT, CONFIRMING THE ITEMIZED WRITTEN REPORT OF EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT LIEN AGAINST SAID PARCELS OF LAND PURSUANT TO SECTION 29574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE. 4. LSA Associates Contract for a Study for a "Traffic Mitigation Fee/Roadway Fee Program". (F:68.1)(X:162.1) Councilman Pape indicated that he pulled this item to vote "no" on it. He indicated that he would rather see negotiation with developers for each individual project, than the proposed program. - Mayor Pro Tern Metze supported doing the study. Mayor Kelley noted that she has been serving on a transportation committee with other cities and County Supervisor. She indicated that the City is charging much lower road fees than other communities. She further indicated that the City needs to come up with a fairer method of mitigation for road costs. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY A VOTE OF 4 TO 1 WITH PAPE CASTING THE DISSENTING VOTE TO APPROVE THE FUND TRANSFER OF $18,000 FROM THE RESERVE FUND TO FINANCE THIS STUDY AND APPROVE THE CONTRACT WITH LSA ASSOCIATES FOR $18,000 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT. 5. Reconveyance of Deed of Trust - The Western Group & Far Eastern Group III and Good Land Investment VII. (F:132.1) Dick Knapp, City Treasurer, addressed the trust deed to be reconveyed for - $1.3 million and detailed the property owners. He noted that no one seems to know what is going on with this, and he pulled up the trust deed on this item and he had a lot of questions. He questioned why the City was a beneficiary to this $1.3 Million and noted that he found a title order number. He indicated that he has been in real estate for 22 years and it generally takes to parties two have an escrow. He expressed concern with the document verbiage, and expressed confusion, noting the two ponds on PAGE TWENTY-FIVE - CITY COUNCIL MINUTES - AUGUST 10, 1999 - Baker Street. He requested that the City Attorney pull up the title order and the escrow officer's account for complete details. He indicated that something looks fishy, and he wants to know what happened. City Attorney Leibold indicated that staff has conducted its due diligence with a review of City records, title records and interviews with past and current staff members. She clarified what occurred was discussion, negotiation, and the securing of deed of trust for an anticipated $1.3 million was recorded against a variety of holdings of the company and no financial assistance was provided. She indicated that the document was not enforceable without a debt instrument to collect against, and the property owner has requested clearance of title and reconveyance. She suggested that the approval authorize the Mayor to sign the final documentation; and noted that she would be happy to document the research as completed. MOVED BY P APE, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO DIRECT THE CITY ATTORNEY TO PREPARE THE NECESSARY DOCUMENTATION TO RECONVEY THE DEED OF TRUST FROM EXECUTION BY THE CITY MANAGER. IT IS FURTHER RECOMMENDED THAT THE RECONVEYANCE OF THE DEED OF TRUST BE SUBJECT TO RECEIPT OF A REPRESENTATION AND WARRANTY EXECUTED BY DULY AUTHORIZED REPRESENTATIVES OF THE TRUSTOR IN FORM AND SUBSTANCE ACCEPTABLE TO THE CITY ATTORNEY REFLECTING THAT THE PROJECT CONTEMPLATED BY THE DEED OF TRUST WAS NEVER COMPLETED AND THAT THE CITY HAS PROVIDED THE TRUSTOR WITH NO FINANCIAL ASSISTANCE. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Harold Holland, 15610 Lake Terrace Drive, expressed concern with the intersection of Macy/Grand and noted the potential for serious injury accident. He stressed the traffic hazard that exists and noted the impact of school buses unloading to compound the problem. He inquired what the Council did about banners displayed at non-profit facilities. He noted the number of people who disregard the handicapped parking regulations and suggested an enforcement program similar to that in the City of Hemet. He advised that in the year 2,001 there will be a change in the requirements for two stroke engines and noted the water pollution rate caused by a quart of oil. He noted that he will be publishing _ and selling his poems on the Internet and read his poem about Sister Teresa to the Council. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 10:24 P.M. THE CITY COUNCIL MEETING RECONVENED AT 10:26 P.M. - PAGE TWENTY-SIX - CITY COUNCIL MINUTES - AUGUST 10, 1999 PUBLIC COMMENTS - Continued Barbara Cady, 32524 Wildomar Rd., President of the Elsinore Valley Arts Network, updated the Council on the upcoming Philharmonic concert and advised that it will include fireworks, food, wine and an area for people needing chairs. She noted that it will be presented on September 18th at 7 p.m. in McVicker Park. - Minnie Brown, 312 N. Langstaff, thanked the Police Department for taking the time to check her property and show concern for her safety when her whereabouts were unknown. She encouraged everyone to be sure that people know where they are. She thanked Code Enforcement for solving some problems she had reported, but noted she had narrowed the problem down to gardeners with leaf blowers. She stressed the mess left by the dispersion of the leaves and suggested notifying the gardeners to not trash the surrounding area and help to keep the City clean. Terri Aladits, 32870 Olive Street, in Wildomar, noted that she received the brochure on the Liberty project and questioned a statement about an off-ramp at Olive Street. She inquired if they would construct and on-ramp and off-ramp and questioned whether this would occur since the location is in the County rather than the City. City Manager Watenpaugh indicated that the mitigation program for the project requires a variety of improvements both in the City and in the County area. He indicated that he would expect that the work at Olive Street would be a full interchange. Community Development Director Brady confirmed, but noted that the work might not occur until subsequent phases are developed. - Dick Knapp, City Treasurer, indicated that he talked to the City Manager about the Machado project he has been pushing. He further indicated that he complained over a year ago to Mr. Sapp about the waving of the road on Machado from the school toward Lakeshore Drive, and noted that the wavy effect occurs at 30 to 40 mph. He noted that Mr. Watenpaugh mentioned that the City had opted to do the whole street at a cost of $340,000, but requested that the Council use the $25,000 earmarked last year and fix the section of street between the school and Broadway, before there is a serious accident. City Manager Watenpaugh confirmed that Mr. Knapp did meet with him and that he advised Mr. Knapp that direction was already received from the Council to investigate costs and potential funding for this project. He further noted that the potential might exist for substituting project, but the final report has not yet been completed. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: - 1) Announced that the joint study session previous scheduled for August 12, had been rescheduled to September 2nd at 10 a.m., at the Cultural Center. 2) Announced that in the month of July the lake generated $102,620, which was very good based on the anticipated revenues. PAGE TWENTY-SEVEN - CITY COUNCIL MINUTES - AUGUST 10, 1999 CITY ATTORNEY COMMENTS - City Attorney Leibold commented on the following: 1) Noted that there was a published notice of a TEFRA hearing regarding the Refunding of Multi-Family Housing Bonds, for this evening's meeting, however it was not placed on the Agenda; so it was postponed to August 24th with notices posted at the Cultural Center and City Hall. 2) Noted that the Closed Session item as listed would be discussed jointly by the City Council and Redevelopment Agency, as well as part of the Special Meeting of the Recreation Authority; which would need to be called to order prior to recessing to closed session. COMMITTEE REPORTS None. CITY COUNCIL COMMENTS Councilman Schiffner commented on the following: 1) Noted the Breakfast presented by the Historical Society to assist with the Fire Truck restoration project; and indicated that it was a terrific breakfast. 2) Addressed Mr. Holland's comments and noted that he uses the same intersection and Mr. Holland's comments are all true, but explained that Grand Avenue is a State highway and the City is limited in its ability to address solutions. He expressed hopes that future development would help in getting it corrected. Councilwoman Brinley commented on the following: 1) Addressed the day at the park for the Fire Truck restoration and noted that there were all kinds of games, a lot of children, and the truck was on display. 2) Congratulated the Junior Storm travel team on their successes in Cooperstown, New York. She noted that of sixty teams, Lake Elsinore placed third and one team member hit nine home runs. 3) Thanked the Planning Commission for their due diligence on the Liberty Project; and thanked the Council for their efforts to make the project work in spite of individual issues. She congratulated Liberty on the approval. PAGE TWENTY-EIGHT - CITY COUNCIL MINUTES - AUGUST 10, 1999 Councilman Pape commented on the following: 1) Detailed the sales tax revenues increase for 1997 and 1998, noting that they represented a 27% increase. Mayor Pro Tern Metze had no comments. - Mayor Kelley commented on the following: 1) Noted a letter received from Lee & Arlene Bowen about how helpful City staff was at the public counter. 2) Addressed the increase in campground use and detailed the revenue and site usage. 3) Announced upcoming events including: The Edge Festival on August 14th, Safe Boating Rewards Day with KCAL Radio live broadcast on August 15th, Miss Persnickity at the Library on August 1 7th, Used Oil Awareness day on August 21 st, the Novice Wakeboard Tour on August 28th and 29th, and the Classic Car Show on Main Street on August 28th. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Lake Elsinore Recreation Area vs. City of Lake Elsinore, et. al. - Case No. 302435. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 10:45 P.M. WITH COUNCILMEMBERSI BOARDMEMBERS/AUTHORITY MEMBERS BRINLEY, METZE, SCHIFFNER AND KELLEY IN ATTENDANCE, FOR DISCUSSION OF THE ABOVE LISTED ITEM. THE CITY COUNCIL MEETING RECONVENED AT 11:02 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT AT 1~ IEKELL~~~ ITY OF LAKE ELSINORE A TrEST: VJL1~ VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE