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HomeMy WebLinkAbout08-10-1993 City Council MinutesMINIITE3 REGULAR CITY COIINCIL MEETING CITY OF LARE ELSINORE 31315 CHANEY STREET LARE ELSINORE~ CALIFORNIA TIIESDAY~ AIIGIIST l0e 1993 s**********t*a**,k,k*,k~****************,k,k*r*****t*te,tr*,k*,k****r,t**r*+t,k CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Dominguez. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manaqer Molendyk, Assistant City Manaqer Rogers, Acting City Attorney Burns, Administrative Services Director Boone, Community Development Manager Shear, City Planner Leslie, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh and City Clerk Kasad. PRESENTATIONS/CEREMONIALS Mayor Washburn requested that the City Manager provide an update on the Stadium project. (F:134.10) City Manager Molendyk noted that a special meeting was held on August 5, 1993, at which time the contract was awarded for grading of the Municipal Stadium site and construction is underway. He further noted that lighting was being used in the floodplain to allow for hauling of dirt and construction at night. Brian Meyers, Young Investment Group, advised that bids on this project were opened on August 4th with 45 sets of specifications out and 12 bids submitted. He further advised that the low bid accepted was under budget, work began on August 6th, and they began accepting dirt from the Walmart site on August 9th. He noted that fhe hauling is being done at night to limit traffic disturbance and allow for synchronization of traffic signals. He also noted that to date the grading project has been very successful. Mayor Washburn inquired where the best location for viewing the project underway would be. Mr. Meyers indicated that they will be providing a dirt platform for viewing at the intersection of Campbell and the Railroad Canyon Intersection. He stressed that this would keep people out of tYie way of the trucks and still allow for viewing. City Manager Molendyk commented on the potential liability of having the public on site and advised that on August iith the site would be signed as a construction zone and access will be limited. He also advised that the intent is to move approximately 8, 000 yards of dirt per evening. He stressed that all necessary permits PAGE TWO - CITY COIINCIL MINIITES - AUGIIST l0o 5993 and approvals have been received. He noted recen~ calls with questions concerning the Stadium, season tickets, etc. and indicated that updates would be provided at Council meetings as the information is availablee Mayor Washburn suggested that people wanting information on tickets, etc. contact City Hall. Mr. Meyers indicated that ticket sales will most likely begin fhe second week in September. Councilman Alongi indicated that he had received information that the Stadium site is historical site #4042 and requested clarification. Tom Ryan, representing the Chamber Group, indicated that site 4042 is not located within the grading area, but closer to the Von°s shopping center. He stressed that it will not be impacted at all by the grading operation. He further indicated ~hat the site is approximately 50 meters by 100 meters. Mayor Washburn inquired whether this site is addressed by the E.Y.Ro Mr. Ryan indicated that it is addressed by the E.I.Re Mayor Washburn noted the necessary monitoring and testing which would be required. Councilman Alongi inquired who had certified the location of this site. Mr. Ryan indicated that it is on the site map and archeological maps from the Corps of Engineers, as well as beinq delineated in the E.I.R. PIIBLIC COMMENTS - AGENDIZED ITEM3 Requests were received to address item number 21 of-this agenda and deferred to that time. CONSENT CALENDAR la Minutes ao , (F:44.4) Councilman Alongi indicated that on page 3 of 4 these minutes were not complete. He further indicated that the meeting was interrupted with the tape recorder being turned off. He read Council Policy No. 100-7 regarding City Council Meeting Tapes, and stressed that they are to be maintained as public record for four years. He commented that the Chairman does not have the right to require the Clerk to turn off the recordere He also read Council Policy No. 200-1, Section 4.2 regarding the /1Right of Floor", indicating that he was not allowed his comments after being given the floor. MOVED BY WYNKLER, SECONDED BY DOMINGUEZ TO APPROVE THE MINUTES AS PRESENTED. Councilman Alongi indicated that if the Council approves the Minutes as presented he will file complaints with the Fair Political Practices Commission and the State Attorney General's Office on this matter. He stressed that the minutes are not correct. THE FOREGOING MOTION WAS WITHDRAWN. PAGE THREE - CITY COIINCIL MINIITES - AIIGIIST 10, 1993 MOVED BY CHERVENY~ SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO HAVE THE CITY CLERK REVIEW THE TAPES FOR ACCURACY AND RETURN THE MINUTES FOR CONSIDERATION. b. Reaular City Council Meeting - Julv 27. 1993.(F:44.4) MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY A VOTE OF 4 TO 0 WITH CHERVENY ABSTAINING TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD ON JULY 27, 1993. c. Adjourned Regular Citv Council/Redevelopment Aaencv Meetina - Auaust 5, 1993. (F:44.4) MOVED BY WINKLER~ SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO APPROVE TAE MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL/REDEVELOPMENT AGENCY MEETING HELD ON AUGUST 5, 1993. d. Planninq Commission Meetina - Julv 19, 1993. (F:60.3) MOVED BY WINKLER~ SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE PLANNING COMMISSION MINUTES OF THE MEETING HELD ON JULY 19, 1993. 2. Buildina Activitv Report - July, 1993. (F:32.2) MOVED BY CHERVENY~ SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS ~70TE TO RECEIVE AND ORDER FILED THE BUILDING ACTIVITY REPORT FOR JULY, 1993. 3. Code Enforcement Activitv Report - July, 1993. (F:54.1) MOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE CODE ENFORCEMENT ACTIVITY REPORT FOR JULY, 1993. 4. Warrant List - Julv 30, 1993. (F:12.3) Councilwoman Cherveny questioned the Lake Park and Recreation Account and the $575,000 expenditure. Administrative Services Director Boone indicated that this was the repayment. Councilwoman Cherveny inquired whether the expenditures from this account were in fact $909,000. Mr. Boone confirmed indicating this was repayment of the loan from the Agency and the clean up work. Councilwoman Cherveny further questioned this total amount of expenditures and questioned the amount of funds received from the State with the transfer. Mr. Boone indicated that it was a total of $1.5 million. Mayor Washburn requested that staff provide a status report on the fund. Councilwoman Cherveny questioned warrant number 32337. Mr. Boone indicated that this was the tax collection for Community Facilities District 90-2 which is paid to the City and transferred to the Redevelopment Agency. Councilwoman Cherveny addressed the Lake Enterprise Account and inquired whether it has been confirmed that the $400,000 for the lake clean up is a justifiable expense for the funds. Mr. Boone indicated that he believes it is, but is continuing to investigate. Councilwoman Cherveny requested a memo detailing appropriate uses for those funds. PAGE FOUR - CITY COUNCIL MINQTES - AIIGIIST 10, 1993 MOVED ~Y CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE WARRANT LIST AS PRESENTED. 5. Claim Aaainst the Ci~v - Lake Elsinore Recreation Area Inc. (F:52.2) Councilwoman Cherveny expressed concern that there is already one lawsuit and inquired if this was in fact the second. City Manaqer Molendyk indicated that the first lawsuit is ongoing with the State and the concessionaire; while this addresses the loss of revenues from the flooding in January. Mayor Washburn indicated that the City was not the party responsible for the flooding. MOVED BY WASHBURN, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO REJECT THIS CLAIM AND REFER IT TO THE CLAIMS ADMINISTRATOR FOR HANDLING; AND AUTHORIZE THE CITY CLERK TO TRANSMIT A LETTER TO THE CLAIMANT INFORMING THEM OF THIS DECISION. 60 88-3. (F:22.3) Councilwoman Cherveny noted the delinquency rates in three Community Facilities Districts and questioned the need to begin foreclosure on the owners in the other two districts. Mr. Boone indicated that in this particular district the third phase of funding is pending this action on the existing delinquencies. Councilwoman Cherveny questioned the impact og this concern on the proposed fire station. Mr, Boone andicated that it is to be funded witch the third phase. Councilwoman Cherveny commented that the fire station wrill not proceed without'this action. Mr. Boone further indicated that the Poreclosure on the other districts could not proceed until the final delinquency list is received from the County. Councilwoman Cherveny addressed the district with a 96% delinquency rate and questioned whether the City holds adequate reserves to cover the shortfall. Mr. Boone indicated that there was some maney in the fund for the district. Councilwoman Cherveny inquired what happens iL the reserves are used up. Mr. Boone advised that the City is not legally responsible for these, however the existing reserves should cover for three more years, Councilwoman Cherveny further questioned what happens if the reserves are depleted. Mr. Boone indicated that the foreclosures would proceed and in the worst case the bond holders would receive the property. Councilwoman Cherveny requested that updates be provided on all of the district delinquencies. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRYED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 93-50. RESOLUTION NO. 93-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ORDERING JUDICIAL FORECLOSURE OF DELINQUENT TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982, THAT THE TAX COLLECTOR BE CREDITED WITH THOSE TAXES AND DESIGNATING COUNSEL. 7. Accebtance of Bids for Demolition of Hazardous Structure - PAGE FIVE - CITY COUNCIL MIN[JTES - AIIGIIST 10, 1993 17054 Ulmer Street. (F:32.4) Councilman Alongi e~ressed concern that no photo was provided of this property. He expressed further concern that the funds for this demolition come from the Redevelopment Agency, but there is no system in place to recoup the costs. He inquired if the property defaults on the taxes, whether the City is notified or if it just looses out. City Manaqer Molendyk indicated that if the property is in default it would be settled, and Council can start foreclosure at any time. Councilman Alongi expressed concern that there is no time limit. Councilwoman Cherveny indicated that she was concerned that the foreclosures are not begun right away. Mayor Washburn indicated that would be possible. Acting City Attorney Burns confirmed that a lien can be foreclosed upon at any time. He further confirmed that the City would be notified of defaults. Councilman Alongi expressed concern that the County would be first in line for reimbursement. He also indicated that he is familiar with this property and is concerned with the expenditure. Mayor Washburn indicated that this work should proceed with a lien on the property and the Council needs to talk about the process. Mayor Pro Tem Dominguez suggested a Study Session on this topice MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE LOW BID FROM EN~IIRONMENTAL CONTROL SYSTEMS IN THE AMOUNT OF $15,700.00 AND DIRECT STAFF TO PROCEED WITH THE DEMOLITION. 8. Award of Contract - Summerhill Drive Walkwav - Del Pizzoli to Ponte Russo. (F:146.1) Councilman Alonqi indicated that he is an advocate of this sidewalk, but he also advocates sidewalks in other areas. He further indicated that he does not appreciate taking $14,000 out of the City budget when the problem actually lies with the developer of Tuscany Hills. He stressed that the developer should provide the sidewalk. Mayor Washburn indicated that the sidewalk is a condition of the development to proceed with construction of the project. He indicated that if the Council wants the sidewalk now, the City will have to do it. Councilman Alongi indicated that this is not a responsibility of the City, when the developer agreed to provide it. He stressed that City dollars should not be used to address this for the developer; he questioned the potential for reimbursement by the developer. City Manaqer Molendyk indicated that it would not be reimbursed. Councilman Alongi indicated that he did not want the City to provide the sidewalk although he attended the meeting. PAGE SI% - CITY COIINCIL MINLJTES - AIIGIIST 10, 1993 City Manager Molendyk detailed the number of children attending the school and the percentage bussed to the site versus walking to school. He stressed the need for Council to make a decision on this so if the sidewalk is ~o be provided it can be done before the rainy season. Ae noted the need for street lights in this area as well, and indicated that without the completion of the conduit it was not possible. He commented that it was the feeling of the traffic engineer that the kids should be off the street and this was the best possible solution for thato Councilwoman Cherveny inquired whether this money was frora the general fund or capital improvements. City Manager Molendyk indicated that $100,000 is allocated annually for sidewalkso Councilman Winkler inquired where these funds are from. Mr. Molendyk indicated that it came from Gas Tax, etc. Council discussion ensued regarding the funding sources and usee MOVED BY WASHBURN, SECONDED BY ALONGI TO TABLE THIS ITEM INDEFINITELY. City Manager Molendyk suqgested discussion a~ the next Council Meeting to allow for any work to be completed prior to rains. THE MOTION WAS AMENDED WITH CONSENT OF THE SECOND TO TABLE THIS ITEM UNTIL THE NEXT CITY COUNCIL MEETINGe THE FOREGOING MOTION CARRYED BY UNANYMOUS VOTEe 9, Lehr Drive - Rescind One-Wav Traffic Restriction - Resolution No. 93-51. (F:162.2) MOVED BY ALONGY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 93-51. RESOLUTION NO. 93-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE RESCINDING RESOLUTION NO. 85-65 WHICH ESTABLISHED LEHR DRIVE EASTERLY OF RIVERSIDE DRIVE AS AN ONE-WAY STREET. 10, Cost Recoverv for Board up of California Ynn - Y64 South Main Streeto (F;32.4) Councilman Alongi noted that the Agency is loaning this project $200,000 for the rehabilitation of the building. He suggested that this $8,565.00 be deducted from that loan. Councilwoman Cherveny concurred with this suggestion. Mayor Washburn indicated that he was not certain what the verbiage of the contract called for. Councilman Alongi further recommended deduction of this amount from the loan, MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES TO APPROVE THE COST RECOVERY ~1ND AUTHORIZE THE PLACEMENT OF A SPECIAL LIEN AGAINST THE PROPERTY. 11. Cost Recoverv for Board un of 17377 Baker Street. (F:32.4) CounciTman Alongi inquired who the owner of this property iso Community Development Manager Shear indicated that the property is owned by Mr, Carl May. PAGE SEVEN - CITY COUNCIL MIN[TTES - AIIGIIST lOs 1993 MOVED BY ALONGI, SECONDED BY CHERVENY TO APPROVE THE COST RECOVERY AND AUTHORIZE THE PLACEMENT OF A SPECIAL LIEN AGAINST THE PROPERTY. Councilwoman Cherveny questioned the ability to start foreclosure as soon as the lien is placed. She questioned the number of liens pending. Mr. Shear indicated that he was not certain how many liens were pending, but the total cost is approximately $200,000. He further indicated that in discussion with the City Attorney, one concern is that the foreclosure process might cost more than the liens are worth, and they are currently reviewing all liens to determine those appropriate to pursue. Councilwoman Cherveny requested a list of properties and the period of time, each has been held. Councilman Winkler stressed the importance of pursuing only those which are cost efficient. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 12. Cost Recovery for Demolition of 410 North Poe Street. (F:32.4) Councilman Alongi indicated that he had gone by this property and the one next door is a nice piece of property. Ae stressed his interest in providing low income housinq and suggested with less than $20,000 this property could have been rehabilitated and made useful. He stressed the need for a program to assist owners or acquire property which could be rehabilitated to provide low income housing. He expressed concern with tearing down properties which could be rehabilitated. Councilman Winkler inquired whether this building had in fact already been demolished in June. Mr. Alongi indicated that it had, however, he stressed the potential to rehabilitate. Mayor Washburn suggested that these comments be reserved for Council Comments and addressed at that time. Councilman Winkler stressed that this building had already been demolished. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE COST RECOVERY AND AUTHORIZE THE PLACEMENT OF A SPECIAL LIEN AGAINST THE PROPERTY. 13. Cost Recoverv for Structure Abatement Action at 29523 La Shell. (F:32.4) Councilman Alongi indicated that he has questioned this property before, noting he is uncertain why the property is in such a condition. He suggested investigation of taking over the building, noting that it could be acquired or finished through assistance from the Agencye MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE COST RECOVERY AND AUTHORIZE THE PLACEMENT OF A SPECIAL LIEN AGAINST THE PROPERTYo PAGE EIGHT - CITY COIINCIL MINi7TES - AUGIIST l00 1993 14e Cost Recovery for Board ub of 30181 Riverside Drive. (F:32.4) Councilman Alongi questioned the problem with this property and the ability for the Redevelopment Agency to step in an assist. He indicated that this was another situation that a program could address. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE COST RECOVERY AND AUTHORIZE THE PLACEMENT OF A SPECIAL LIEN AGAINST THE PROPERTY. 15. Set Public Hearing Date of August 24, 1993, for the following: a. Councilman Alongi questioned this Specific Plan number indicating that it was the same as item #21 of this agenda relating to Laguna Heights. City Clerk Kasad advised that this had been investigated and this item should be Specific Plan No. 92-2a and all notices have been correctede MOVED BY ALONGI, SECONDED BY CHERVENY TO APPROVE THE HEARING DATE OF AUGUST 24~ 1993, FOR SPECIFIC PLAN 92-2~ ENVIRONMENTAL IMPACT REPORT 91-3 AND TENTATIVE TRACT MAP 27415 (LAKE TERRACE) - KOMERICA LAND DEVELOPMENT. POBLIC HEARINGS 21. Laauna Heights Specific Plan 92-3. Environmental Impact Report 92-3, and General Plan Amendment 93-1 - The Western Companv. (F:150.2) Councilman Winkler excused himself from the table due to a potential conflict of interest. City Manager Molendyk explained that Laguna Heights is located in the County area adjacent to the City and is a Specific Plan. He further explained that if approved it will go forward to LAFCO for consideration of ~he annexation. He noted that the project has involved a number of neighborhood meetings with the developer and affecteci neighborhoods. City Planner Leslie detailed the Planning Commission of the project. He further explained that even if this project is approved as a Specific Plan and the General Plan Amendment is passed the project will still have to come back to Planning Commission and the City Council for the annexation. He advised that staff is currently trying to work out exactly what area will be included in the annexation proposal. Mr. Leslie further advised that f.he maira issues discussed at the Planning Commission included density, product type, access, traffic, ridgelines and hillside development, school mitigation, equestrian use and trails, drainage and annexatione He detailed some of the conditions of approval adopted by the Commission including Condition No. 31, which included wording requested by the School District regarding mitigation and a school site in the project; Condition No. 47, reducing the vehicle trips which would be added to Toft Drive and Amorose by the project from 1,500 vehicle trips down to PAGE NZNE - CITY COtTNCIL MINIITES - AIIGUST 10~ 1993 1,300 vehicle trips with the final access to be brought back under an amendment to the Specific Plan; Condition No. 52, which requires proposed Laguna Drive South, along the back of the lots on the south side of Toft Drive coming off of Grand Avenue be graded in the initial grading phase so that could be the construction access to the site prohibiting construction traffic on Toft and Amorose. Other areas of concern were the closing of Toft and Amorose Street to the project once the project is complete, to be used only for emergency access, screening from the Brookstone Development of the Drive that leads up to the golf course and club house. City Clerk Kasad reported that there were 12 individual letters, approximately 86 form letters and approximately 250 petition signatures submitted over the last 15 months regarding this project. Mayor Washburn opened the public hearing at 7:55 p.m. and asked Mr. Kelly of Brookstone Homeowner~s Association to speak. Mr. Kelly asked the Mayor if their attorney could speak on the homeowners behalf. Mayor Washburn concurred. Mary Howell, Attorney for Brookstone Homeowners Association, Woodhaven Homeowners Association and North Amorose Owners Association cited all correspondence to the Council and the School District from the various homeowner's associations addressing their concerns. She suggested that there might be a potential conflict of interest for Mayor Washburn because of a prior association with Estes Realty for which served as a broker with that firm for Mr. Chen. Mayor Washburn explained that the City Attorney has found that there was is no conflict of interest because the transaction was handled by another agent, and the transaction occurred in 1988 which would make it no longer applicable. Mary Howell expressed her concern regardinq a potential conflict between the CC & R's and Condition No. 52. H. John Kelly, 14845 Amorose, addressed items presented to the Planning Commission regarding ridgelines and skylines, and presented a photograph of the view from his area and noted that the proposed project will obstruct that view. He also pointed out the fact that the proposed area is not barren. He explained that there seems to be a problem with the language and how it is defined and stated his opposition to the project. Councilman Alongi asked Mayor Washburn why the people in favor of the project were not called upon first. Mayor Washburn explained that he had chosen to use this order due to the volume of requests to address Council. Linda Hollingsworth, 30520 Timey Street, presented photographs and explained that she was in opposition to the project because she felt that the project was not compatible with existing homes and would affect the quality of life for the existing residences. City Manager Molendyk clarified that the Woodhaven Homes are not in the City. PAGE TEN - CITY-COONCIL MIN[TTES - AIIGUST l00 1993 Betty Baluski, 15750 Alvarado Street, asked that the Council be open to cooperation between the City and the County and commented that she is opposed to the project because it will chanqe the quality of life in their area, and because she owns property zoned for horses, the ~roject threatens the ability for the people to ride their horseso Allan Knight, 30570 Brookstone Lane, guestioned the collector roads of the project and asked why Mr. Chen, the developer of the project, when requested, refused to provide financial information to the residentse Mr. Knight questioned the developeros ability to pay for this project. Mary Howell, Attorney, explained the CC & R's and ~he conflict wfiich will occur regarding access and the inability for the developer to obtain this. She commented that this project is at odds with the General Plan. She cautioned the City that if they approve the project and it is not properly conditioned there is potential litigation. She suggested that the Council condition the developer to indemnify the City against any challenge by the homeowners and complete financial disclosures for complete indemnificatione Ted Kramer, 15077 Patrick Court, spoke in opposition to the project as it is proposed. He stated that this project is not good for the community due to the traffice He also noted that Patrick Court was approved as a cul-de-sac street and the plan asks that it be changed to a major thoroughfare. He stated that he purchased his home because Patrick Court was a cul-de- sac and asked that Council not allow this change. Regie Kramer, 15077 Patrick Court, stated her concerns with the traffic proposed on Patrick Court and the impact on the school system. Marie Locke, 15025 Monty Court, questioned the biologist report for the environment and stated that she questioned the ability of the biologist to make findings on the project's impact ont he wildlife after only four days of investigation. She stated that the project should be delayed until further studies are done regarding endangered species and flyways for birds. David Locke, 15025 Monte Court, stated his opposition to the project due to the conflict with the General Plan. He explained that to accommodate this project the integrity of fhe land and scenic skyline will be compromised. Robert Gasio, 14533 Amorose Street, stated he was in opposition to the project due to building on sensitive areas and the impact of traffic on the surrounding neighborhoods. He stressed the ingress and egress from the golf course, country club and residences, and noted the potential impact of alcohol on this traffic. He expressed concern in tfiat the Brookstone Ranch group solely owns and maintains the flood control channel, and stressed the impact that tfie project will have upon this channel. He asked if Laguna Heights would be responsible for any damage to the flood control channel which might occur. William Denisi, 30669 Rockridge Road, stated that his property PAGE ELEVEN - CITY COONCIL MINIITES - AUGOST 10~ 1993 abuts the project and he has concerns regarding public safety and the impact of the project on critical public safety service. Philip L. Irving, 14867 Amorose Street, expressed his concern and opposition to the project specifically addressing flood control and the flood control channel which Brookstone Ranch Property Owners Association owns. He stated that the project would have detrimental effects on the Brookstone residences, as the channel is not designed for any increased flow which can occur from the Laguna Heights Project. Lea Routledge, 14505 Amorose Street, explained her opposition to the project due to traffic, density, environmental concerns, commercial uses, equestrian uses, watershed, project access and tract compatibility. Lee Bulen, 14949 Toft Street, President o£ the Board of Directors of Brookstone Ranch Homeowners Association, stated his opposition to the project and cited the traffic circulation as one of the major problems with the Laguna Heights project. He explained that the amount of traffic from this project, as well as the existing residences of the Brookstone Ranch amounts to approximately one car per minute in a twenty-four hour period. He stressed that this would make ingress and egress from private driveways a real problem. He further explained that the Patrick Court has a steep grade and a small approach on Grand Avenue and is directly across from an elementary school which could create another safety problem. Ace Vallejos, 15231 Cobre Street, stated his opposition to the project due to drainage, potential mud slides and the inconsistent density to existing land use. Jeanie Archer, 15271 Alvarado Street, expressed her opposition to the project due to the drainage which could cause further and more severe damage to her property from water run-off caused by rain. She stated that the property currently drains through her property and with development it would increase the problem of erosion she already has. THE CITY COUNCIL MEETING WAS RECESSED AT 9:11 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:30 P.M. Jim Turner, 14743 Toft Drive, stated his opposition to the project due to increased traffic and the danger it poses to children in the Brookstone Ranch Tract. Mayor Washburn then asked those in favor of the project to speak. The following persons spoke: John Mandrell, The Keith Companies, representing the applicant, qave a brief history of the project. Rick Stevens, The Keith Companies, commented on the drainage mitigation for the project and the check basins which will prevent drainage from exceeding the current flows which go through the drainage channel in Brookstone Ranch . He further PAGE TWELVE - CITY COIINCIL MINUTES - AIIGIIST l00 1993 addressed density, land use types, open space, golf course, equestrian si~e, access and equestrian trailse Mr. Stevens explained that this project provides recreational and residential opportunities to various segments of the community both public and private, Les Card, LSA Associates, Civil and Traffic Engineer for the Laguna Heights project, explained the ~raffic issues and addressed the impact on Patrick Court and Amorose Street and the acceptable limits of traffic on those streets. He commented that number stated is ~he maximum and the real amount of traffic will be considerably less. Wendy Katagi, The Keith Companies, adciressed the biological concerns and stated that the applicant addressed the sensitive areas of the project to preserve those areas. She stated that the consultant firm used to survey the area is reputable and the survey was accurate. Councilwoman Cherveny explainecl that she has had the opportunity to review the project within the last year and stated that The Keith Companies have done a good job with their presentation. 5he commended Mr. Chen for his efforts to mitigate some of the concerns of the property owners, and commended the homeowners for their professional attitude in expressing their objections to the project. Mrs. Cherveny expressed concern regarding the ridgeline development and stated that she did not want to see a Santa Ana Canyon situation. She indicated she wished to see the integrity of the ridgeline maintained and the homes dropped down to leave the ridgeline undisturbed. She further indicated that the developer should provide his own access to the project and not depend on other developments for access, and noted that she shared the homeowners concerns regarding traffic and public services in their tract. She suggested that she feels that this might place their neighborhoods at risk. Rick Stevens explained the ridgeline design and how it will work with the environment and detailed the grading which will occure City Planner Leslie clarified that the majority of the site in the General Plan for Laguna Heights is a Specific Plan areae He further clarified that there are two areas which are not part of the Specific Plan; one is specified as open space conservation area and the other is specified as mountainous area; and the amendment is to change those to the Specific Plan designation for consistency with the rest of the project. Rick Stevens addressed the Public Services and explained the current response times to the site, the fire services, the study that was completed, as well as the improvements which will be done as part of the project. Councilman Alongi responded to concerns of the persons who spoke in opposition to the project. FIe addressecl the equestrian trails and equestrian recreation in the County area and commented that if the area is annexed the use would be maintained and stressed that he would like ~o see this retained. He addressed the public safety concerns and PAGE THIRTEEN - CITY COONCIL MINiJTES - AIIGIIST 10~ 1993 explained that the general tax rolls will not fund what will be needed for the City so the funding will have to be generated from other sources. Mr. Alongi stated that if the owners wish to protect their rural area they to become informed regarding the General Plan and what it will allow. He indicated that the developer has the right to do a project as long as it is in conformance with the General Plano He disaqreed with the concerns regarding the drainage since this issue was addressed and designed to handle the water flow. He pointed out the differences between the County and City regulations and zoning. Mayor Pro Tem Dominguez thanked the residents who addressed the project and pointed out that this project which will be addressed by the City General Plan and not County regulations and requirements. Mayor Washburn explained that he had visited the site of the development in order to better make a decision and he does concur with the concerns on the ridgeline development, but he feels it is a good project and will add to the quality of the City. He questioned the designed roadways and questioned the amount of trips that the existing roadways are anticipated to handle. MOVED BY WASHBURN, SECONDED BY CHERVENY TO CONTINUE THE PROJECT FOR 30 DAYS AND DURING THAT 30 DAYS HOLD A MEETING WITH A COMMITTEE COMPOSED OF THE HOMEOWNERS ASSOCIATIONS, STAFF, THE MAYOR AND COUNCILWOMAN CHERVENY TO REVIEW ISSUES AND SEE IF THERE IS SOME POSSIBLE SOLUTION TO THE STATED CONCERNS, Councilman Alongi stated that he had a problem with Council members sitting in the meeting which could cause conflict. CHERVENY WITHDREW HER SECOND TO THE MOTION. MOVED BY CHERVENY~ SECONDED BY ALONGI TO DENY WITHOUT PREJUDICE LAGUNA HEIGHTS SPECIFIC PLAN 92-3~ ENVIRONMENTAL IMPACT REPORT 92- 3, AND GENERAL PLAN AMENDMENT 93-1 FOR THE WESTERN COMPANY. THE FOREGOING MOTION FAILED TO CARRY BY A VOTE OF 2 TO 2 WITH DOMINGUEZ AND WASHBURN CASTING THE DISSENTING VOTES AND WINKLER ABSTAININGe MOVED BY DOMINGUEZ TO APPROVE STAFF RECOMMENDATION TO CERTIFY EYR AND ADOPT RESOLUTION NO. 93-52s APPROVE SPECIFIC PLAN, BASED ON FINDINGS AND CONDITIONS AND ADOPT ORDINANCE NO. 963; APPROVE GENERAL PLAN AMENDMENT BASED ON FINDINGS AND ADOPT RESOLUTION NO. 93-53 - I,AGUNA HEIGHTS - TI-IE WESTERN COMPANY. MOTION DIED FOR LACK OF A SECOND. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO CONTINUE THE PUBLIC _ HEARING FOR 30 DAYS AND TO ALLOW THE MAYOR TO ATTEND A MEETING WITA THE APPLICANT, A REPRESENTATIVE FROM THE HOMEOWNERS ASSOCIATION AND CITY STAFF TO REVIEW THE PROJECT AND EVALUATE WHAT IS FEASIBLE IN REGARD TO THIS PROJECT AND WHAT CONSIDERATIONS CAN BE MADE> THE FOREGOING MOTION FAILED TO CARRY BY A VOTE OF 2 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES AND WINKLER ABSTAINING. PAGE FOURTEEN - CITY COUNCIL MINUTES - AIIGUST 10' 1993 MOVED BX ALONGI, SECONDED BY CHERVENY TO APPROVE CONTINUANCE OF THE PUBLIC HEARING FOR 60 DAYS AND SET A MEETING WITH THE APPLYCANT, A REPRESENTATIVE FROM TAE HOMEOWNERS ASSOCIATION AND CITY STAFF TO REVIEW THE PROJECT AND ATTEMPT TO MITIGATE PROBLEMS WITHOUT COUNCIL INVOLVEMENT UNTIL SUCH TIME AS I7C SS BROUGHT BACK FOR COUNCIL CONSIDERATION. THE FOREGOING MOTION FAILED TO CARRY BY A VOTE OF 2 TO 2 WITH WASHBURN AND DOMINGUEZ CASTING THE DISSENTING VOTES AND WINKLER ABSTAYNYNG. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO CONTINUE THE LAGUNA HEIGHTS SPECIFIC PLAN 92-3, ENVIRONMENTAL IMPACT REPORT 92-3, AND GENERAL PLAN AMENDMENT 93-1 FOR 30 DAYS WITH THE APPLICANT AND HOMEOWNER TO MEET AND SEE IF THEY CAN RESOLVE THEIR DISPUTES. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 0 WITFI WINKLER ABSTAINING, klayor Washburn stated that there should be direction from Council regarding the issues and concerns brought forward at the Public Hearing for the Applicants consideration. BIISINESS ITEM3 31. State Route 74 Improvement Program - Contract Amendment. (F:68.1) City Manager Molendyk explained this project and the existing agreements to work with L.A.F.C.O. and R.T.C. on the Highway 74 corridor. He further explained that the money previously allocated for this project has been expended and this request is for authorization to proceed if additional funds are available through the impacted developments. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRYED BY A VOTE OF 4 TO 0 6JITH WYNKLER ABSTAINING TO AWARD AN AMENDMENT TO THE EXISTING P.GREEMENT WITH PROJECT DIMENSIONS, INC. FOR $100,000 TO BE USED OId A TIME AND MATERIALS BASYS IN VARIOUS AMOUNTS SPECYFIED BY CITY PURCHASE ORDER~ BUT NOT TO EXCEED THE FUNDS AVAILABLE IN THE SR 74 ~ENEFZT DISTRICT FUND. 32. Second Readincr - nrrlinanra tv~ a~9 _ (F:112.1) MOVED BY CHERVENY, SECONDED BY ALONGI TO ADOPT ORDINANCE NO. 961: ORDINANCE NO. 96Y AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING THE CITY OF LAKE ELSINORE MUNICIPAL CODE CHAPTER 10.12 IN ITS ENTIRETY. [TPON THE FOLLOWING ROLL CALL VOTEf AYES: COUNCILMEMBERS: ALONGI, CHERVENY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE PAGE FIFTEEN - CITY COIINCIL MINIITES - AIIGUST 10~ 1993 ABSTAIN: COUNCILMEMBERS: NONE 33. (F:80.1) MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO ADOPT ORDINANCE NO. 962 AS PRESENTED. Councilwoman Cherveny questioned this ordinance and whether it was only removing the power from the Planning Commission to approve alternate materialse Councilman Winkler noted prior concerns with fencing and indicated that he would not have a problem with Council reviewing requests to use alternate materials. He commented that the way the ordinance is proposed it would also preclude the Council from approving variations. He suggested that the words "with no ability to waive..." be changed to '~with only Council to waive...". THE FOREGOING MOTION WAS WITHDRAWN. MOVED BY WINKLER, SECONDED BY CHERVENY TO ADOPT ORDINANCE NO. 962 AS AMENDED. Councilman Alongi referred to Exhibit A and requested clarification of the motion. Actinq City Attorney Burns indicated that Section 5 of Exhibit A would be changed to "The City Council may approve alternative materials or waive fencing requirements, especially in hillside areas for large lots." He further indicated that the verbiage would be changed and prepared for second reading. ORDINANCE NO. 962 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING THE MUNICIPAL CODE BY DELETING SECTION 17.14.130 (D) 5. REGARDING FENCING. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONG2, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE P.BSENT; COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PUBLIC COMMENTS - NON-AGENDIZED ITEMS Peter Dawson, 18010 Grand Avenue, representing Southshore Homeowners Association, reminded Council of the pending agreements pertaining to launch rights. Ae noted the revenues which are being lost because no agreement has been reached. PAGE SY%TEEN - CITY COIINCIL MINOTES - AIIGIIST 10~ 1993 Paul Price, 24119 Crew Circle Drive, Canyon Lake, addressed recently discussed archeological sites within the City. He indicated that the site of the existing boat launch parking area has been known for 50 years, and is thought to be some 3,000 years old. He further addressed the Stadium site, which he indicated was number 4042. He expressed concern that the City does not set these sites aside and destroys their value. Councilman Alongi noted earlier comments regarding the Infotec study, and the indication that site 4042 is directly behind Vons. Mr. Price indicated that site runs from the Freeway, under Vons, out into the floodplain, around Builder's Emporium and over into the K-Mart site. He further indicated that there are actually 5 sites in the area of the ball field. MOVED BY WINKLER, SECONDED BY WASHBURN TO MOVE ON TO THE REDEVELOPMENT AGENCY MEETING AND HEAR COUNCILMEMBER COMMENTS AS PART OF THAT MEETING. Councilwoman Cherveny expressed concern that this shift taas becoming a common practiceo THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES, CYTY MANAGER COMMENTS Moved to Redevelopment Agency Meetinge CITY COtTNCIL COMMENTS Moved to Redevelopment Agency Meeting. CLOSED SE38ION None. MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10:49 P.M. a• ~rr:s~r: ~ ~~ VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE v~~ 1~1~---- GARY . WASHBURN, MAYOR CITX ) F LAKE ELSINORE \