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HomeMy WebLinkAbout02-22-2000 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 22, 2000 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Brinley at 7:02 p.m.; and she welcomed Councilman Metze back to the table. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Metze. INVOCATION The Invocation was provided by Pastor Phil Salvato, representing First Christian Church. ROLL CALL PRESENT: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, City Attorney Leibold, Assistant City Manager Best, Administrative Services Director Boone, Community Development Director Brady, Fire Chief Seabert, Police Chief Walsh, City Treasurer Ferro, City Engineer O'Donnell, Public Works Manager Payne, and City Clerk Kasad. PRESENTATIONS a. Proclamation - Clyde Brunner. (F: 122.1)(X:127.2) Mayor Brinley called Mr. Brunner, Manager of Brookstone Landing, Inc. forward for presentation. Mayor Brinley read and presented the Proclamation to Mr. Brunner. Mr. Brunner thanked the Council for this recognition, but indicated that credit should also be given to his partner Dr. Larry Nelson and the 19 plus volunteers who are staffing the facility. He stressed that the City was blessed to have over 19 volunteers and a dedicated police department for the community. He offered applause to the volunteers and police officers. b. Presentation - Bryon Vallieres - RTA Poster Contest Grand Prize Winner. (F: 56.1)(X:140.12) Mayor Brinley noted the past recognition of RTA Poster contest winners, PAGE TWO - CITY COUNCIL MINUTES FEBRUARY 22, 2000 and introduced Bryon Vallieres, displayed his poster entry and commended his efforts. She noted that his poster would be on the front of the "Ride Guide" for the next six months to a year. She further noted the level of talent exhibited by Lake Elsinore students. Bryon indicated that he was a student at David A Brown Middle School and identified his teachers. He presented his poster and explained the design. . PUBLIC COMMENTS — AGENDIZED ITEMS Requests were received to address the following items and deferred to that discussion: Item No. 21. CONSENT CALENDAR ITEMS MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Regular City Council Meeting - February 8, 2000. (FA4.4) The following Minutes were received and ordered filed: b. Planning Commission Meeting - January 19, 2000. C. Planning Commission Meeting - February 2, 2000. (F:60.3) d. Design Review Committee Meeting - January 19, 2000. e. Design Review Committee Meeting - February 2, 2000. (F:60.4) 2. Ratified Warrant List for February 15, 2000. (F:12.3) 3. Rejected and referred to Claims Administrator for handling, the Claim Against the City filed by Sandra M. Martin - CL #2000 -1. (F:52.2) 4. Adopted Resolution No. 2000 -9, approving Declaration of Weeds, Rubbish, Refuse and Dirt as a Nuisance and authorizing Property Owners to be Notified. (F:166.1) RESOLUTION NO. 2000-9 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING WEED ABATEMENT ASSESSMENT LIENS AND DECLARING THAT CERTAIN WEEDS, RUBBISH, REFUSE AND DIRT AS DEFINED IN SECTION 14875 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE PAGE THREE - CITY COUNCIL MINUTES - FEBRUARY 22, 2000 MUNICIPAL CODE CONSTITUTE A NUISANCE AND REQUIRE A NOTICE TO BE GIVEN TO THE PROPERTY OWNER IN ACCORDANCE WITH DIVISION 12, PART 5, CHAPTER 2, OF THE HELATH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE AND PROVIDING FOR A HEARING ON OBJECTIONS, TOGETHER WITH FILING OF COST REPORTS AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS. Approved Census Month Proclamation and directed City Clerk to transmit the signed Proclamation to the requestor. (F:122.1) 6. Approved Public Health Month Proclamation and directed City Clerk to transmit the signed Proclamation to the requestor. (F:122.1) 7. Approved Public Hearing Date of March 14, 2000, for the following: a. Tentative Parcel Map 29549 - Pardee Construction Co=qnv. (F:110.2) A request for approval for the re- subdivision of 48.9 acres into 3 parcels and four lettered lots to be used for residential development and schools. The parcels range in size from 8.5 acres to 27.1 acres. b. Tentative Tract Map No. 23848 -14 - Pardee Construction Company. (F:160.2) A request for approval for the amendment of TTM No. 23848 -14 from a single 14.2 acre commercial parcel to five smaller parcels ranging in size from .8 acres to 4.6 acres. PUBLIC HEARING 21. Tentative Tract Map No. 28751, Lusk Elsinore, Inc. (F:160.2) City Manager Watenpaugh explained that this is the last portion of the Lusk Tract for them to move forward. He noted that at the last Council Meeting, Council dealt with the necessary changes and corrections on zoning. Community Development Director Brady noted that at the last City Council Meeting, Council adopted the Zone Change, General Plan Amendment and Annexation. He noted that part of the process was the proposed Tentative Tract Map. He explained that this results in a density of 2.06 dwelling units per acre, which was far below the allowed 6 dwelling units per acre density. He noted that at the Planning Commission level there were several concerns expressed regarding protecting views of existing homes in Tuscany Hills as well as drainage issues. He gave an overview of the location of the project and the size of the proposed lots. He indicated that the storm run -off issues were addressed by City Engineer O'Donnell, the Engineer of the Property Owners Association of Canyon Lake, City of PAGE FOUR - CITY COUNCIL MINUTES FEBRUARY 22, 2000 Canyon Lake Engineer and the Applicant; the issues regarding the drainage were resolved; and the drainage was no longer an issue. He further noted that after a number of meetings with the property owners along Villa Valtalena and Lusk Elsinore, Inc., the applicant agreed to work with the property owners regarding the elevation of the lots in question. He further indicated that Planning Commission approved the Tentative Tract Map and instructed staff to work on a condition to address the preservation of the views from the Tuscany Hill properties. He indicated that staff revised proposed Condition of Approval No. 26 to address the view shed. Community Development Director Brady noted that he would like to review several minor modifications that have been made to the Conditions of Approval as follows: 1. Tentative Tract Map No. 28751 shall become effective at such time as Annexation No. 69 is approved by the City Council, received final approval by the County's Local Agency Formation Commission (LAFCO), and recorded as territory under the jurisdiction of the City of Lake Elsinore. 2. Delete. 17. The applicant shall enter into a pre- excavation agreement with the Pechanga Band of Luiseno Mission Indians or other qualified cultural resource consultants, to ensure that Native American monitor(s) shall be present onsite during grading, site preparation and groundbreaking activities and to provide for the treatment and disposition of Native American Human remains and cultural resources. The applicant shall comply with the provisions of California Public Resources Section 5097.098 should any Native American human remains be uncovered. 18. The applicant shall be required to submit a Construction Management Plan subject to the approval of the City Engineer and the Community Development Director to designee. The applicant shall be required to provide a bond at an amount agreed to by the City Engineer and applicant. Construction traffic shall not take access from Villa Roma, Villa Valtalena or Villa Milano. 67. Applicant shall record CC & R's for the tract prohibiting on- street storage of boats, motorhomes, trailer, and trucks over one -ton capacity. The CC & R's shall be approved by the Community Development Director or designee prior to recordation of final map. Community Development Director Brady explained that there was a proposal to maintain the ridgeline of the homes below four feet of the adjacent elevation of the homes in Tuscany Hills. He noted that this was a proposal made by one of the residents that live in that area of Tuscany Hills. He indicated that it does address several of the properties adjacent to the Lusk Tract. He noted that the applicant did agree to consider the proposal, and explained that Lusk needs easements in order to grade their site and PAGE FIVE - CITY; COUNCIL MINUTES - FEBRUARY 22, 2000 some of these easements would affect parcels in the Tuscany Hills Tract. He explained that the applicant would be willing to agree to the condition to attain the required elevation, providing they can obtain the easements. Community Development Director Brady stated that based on the direction that the Planning Commission provided, the Condition was not adopted as part of the Planning Commission approval, however the direction was to develop a condition that would address the concerns of the residents of Tuscany Hills as follows: 26. All development associated with this subdivision requires separate Design Review consideration and approval by the Planning Commission in accordance with Section 17.82 of the Lake Elsinore Municipal Code prior to building permit. Special attention shall be given to the preservation of existing views to Canyon Lake along the west property boundary of Tentative Tract Map 28751. If all the easements required for grading Tentative Tract Map 28751 are granted by the owners of the adjoining lots in Tract 17413 -6, then the roof ridge line of homes constructed on lots 2, 3, 4, 5, 6, 7, 8, 9, & 10 of Tentative Tract Map 28751 shall be at least 4 feet below pad elevations of such adjoining lots in Tract 17413 -6 excluding chimneys which may encroach two feet into the four foot area. If all of the easements reasonably required to grade Tract 28751 are not granted, this condition shall not apply. Mayor Brinley opened the public hearing at 7:25 p.m. and called upon the persons who requested to speak. Jim Johnson, Lusk Elsinore, Inc, 16592 Hale, Irvine, commended staff and stated that he was available for questions. Mayor Brinley noted two pieces of correspondence received regarding Tentative Tract Map No. 28751; one from Charles and Beryldell Branch, 20218 Eddington Drive, Carson, California, and one from Ron Hewison, 35 Villa Valtelena. Art Bakewell, 40 Villa Milano, noted that his property is adjacent to Tentative Tract Map 28751. He noted that it has been his privilege to be involved on behalf of the homeowners from the beginning when they first approached the developer with their concerns. He stated that he wished to state that he was pleased and impressed by the willingness of the developer to work with the homeowners. He commended the developer for being willing to make concessions. He noted that in each case, when there has been a question, concern or dispute, the developer has done everything within his power to resolve the issue. He expressed his amazement that a developer would be willing to go to the lengths that he did, when he did not have to. He stated that he was in favor of the project. Ron Hewison, 35 Villa Valtalena, noted that Mr. Bakewell would not be directly affected by this Tract since he has a top lot and he felt that he does PAGE SIX -CITY COUNCIL MINUTES - 'FEBRUARY 22, 2000 not understand why he supports the agreement. He stated that he would not be agreeing to easements, and noted that Chairman Wilsey from the Planning Commission stated that if the easements were not granted that the project would not go forward. He conceded that Lusk has made some concessions, however he felt that Lusk should not build in front of existing homes and impede their views with chimneys or roof lines. He further noted that on this date they received a certified letter from Lusk with a proposal for easements and there has not been enough time to make a review of the documents or to comment on them. Mr. Hewison stated that the property owners have not seen the revision to Condition No. 26 and have not had enough time to make a review of that condition. He stated that he felt that there was a need for further dialogue and review of the project. He asked that the project not be approved. Cindy Hewison, 35 Villa Valtalena, stated her confusion regarding the intent discussed at the Planning Commission. She objected to a decision being made regarding the project until the affected property owners have had an opportunity to make a review of the documents received today. Sandra Lock, 27 Villa Valtalena, stated that she has not had enough time to look at the new wording of Condition No. 26 and was opposed to any action being taken on this project until they have had the opportunity to make a through review. She stated that she had tried to follow along while Community Development Director Brady read the change to Condition No. 26, however she did not have the opportunity to study the change and requested time to study the condition. She concurred with the Mr. Hewison's comments. She noted that she felt they could come to some type of an agreement, however she wants to see the proposal on paper prior to making an agreement. Gary Soper, 41 Villa Valtalena, stated his objection to the project and noted that he received the easement papers at 4:10 today and does not appear to address any of the issues that the homeowners discussed with the developer and noted the differences that have occurred between the developer and the property owners. He stated that he felt that a 4 foot drop in elevation is not enough and noted the problem with chimneys and rooflines. He stated his objection to Art Bakewell acting as a representative of the homeowners on his street since the homeowners do not recognize him as their representative. He asked for more time to review the changes proposed. Lee Hester, 56 Villa Milano, concurred with the previous speakers and stated her objection to the project. Mayor Brinley asked if there was anyone else who wished to speak in favor of the project. Dan Uhlry, 150 E. Lakeshore #80, questioned the addition of "other qualified consultant" added to Condition No. 17. He asked who would determine the qualifications of the other qualified consultant and felt that PAGE SEVEN - CITY COUNCIL MINUTES - FEBRUARY 22, 2000 . this was an open door and could cause problems. Wes Lind, 505 East Colorado Blvd. # 201, Pasadena, stated that he was the Engineer for the project and was available for questions from Council. He addressed the 10 lots that were in question for the view shed and noted that the documents that the property owners received were discussed at the Planning Commission and the documents consist of two parts. He stated that one of the documents is an agreement and the other is an easement. He encouraged the property owners to read the two documents and expressed hopes that they would find the documents satisfactory. He noted that the timing of the delivery of the documents was a coincidence and it was not intended that they be signed by tonight. He stated that Lusk had tried to preserve the views and answer the concerns of the residents of Tuscany Hills. Mayor Brinley asked if anyone else wished to speak in favor of the project. Dave Ebers, 44 Villa Milano, stated that he does have a tot lot behind his house and he is glad of that. He stated that he is sorry that there is conflict in the neighborhood, however he and Mr. Bakewell were the catalysts to make the neighborhood aware of the problems many months ago. He noted his appreciation of Lusk Development for their consideration and Mr. Bakewell for his involvement with a number of the homeowners. Mayor Brinley asked if anyone else wished to speak. Jim Johnson stated that he felt that there was a need for clarification. He noted that at one of the homeowners meetings he was approached and asked if it were possible to provide a tot lot for the younger children in the neighborhood. He noted that he agreed to consider the possibility and it was just fortunate that it was in back of Mr. Ebers house, however it was not planned just for him. He clarified the fact that the agreement and easement documents that the homeowners received were delivered today at 4:00 p.m., however it was not the intent to have them delivered on the day of this public hearing. He explained that they were delivered by coincidence, rather than it being a deliberate occurrence. He stated that at the Planning Commission hearing there was a letter addressing elevations and at that meeting he agreed to the roof line being four feet below the elevation of the stated lots with the exception that the chimneys could be two feet within the four feet allowed. He stated that he did not feel that he needed to contact the homeowners since he had already agreed to their demands. He confirmed that the rooflines would be four feet below the elevation of the lots in Tuscany Hills with the exception of two feet of chimney. He explained that they could adjust the pads, whether for a two -story house or a one -story house. He explained the adjustments to elevations made to various lots which was to balance out the total elevations without affecting views. He stated that he did feel that he had agreed to the demands of the property owners. PAGE EIGHT - CITY COUNCIL MINUTES - FEBRUARY 22, 2000 Jeff Niebush, 23 Via Valtalena , stated that there is a serious lack of communication on both sides. He stated that he could not understand why the developer was unable to accommodate the 10 or 12 homes along that area and felt that the property owners should be more willing to work through the situation as well. He stated that it is the developer's job to satisfy the current residents. He questioned the notification process and stated that he felt that the homeowners are not asking for a lot and felt that the developer should accommodate their needs. Mayor Brinley closed the public hearing at 7:50 p.m. Mayor Brinley stated that the City did take steps to bring the developer and property owners in Tuscany Hills together in September 1999. She noted that Supervisor Buster and Supervisor Venerable, Mr. Johnson and Mr. Lynn were in attendance of the meeting and did listen to each of the homeowners that wished to speak. She noted that there were approximately 150 people in attendance and everyone had a fair chance to speak. She noted that there were four persons who were chosen by the homeowners, to represent the homeowners in Tuscany Hills. She further noted that they meant in City Hall to review the project and address the issue of the view shed, since the City felt that it was important to preserve as much of the view shed as possible. Mayor Brinley reminded the homeowner of Tuscany Hills that the developer has the right to build on his property and does not have to agree to preserve-the view shed, however he has been willing to try and compromise with the property owners. She noted that the developer took the project to Planning Commission and at that time some questions were raised and the Planning Commission continued the Tract Map portion to allow time to try and mitigate the issues. She explained that the issues were addressed and the item was returned to the Planning Commission and is now being heard at City Council level. She stated'that in the City of Lake Elsinore the Council does try and work with the residents and address their concerns. She addressed Mr. Hewison's comment regarding a statement by the Chairman of the Planning Commission that "if there is no easement agreement the project won't go." She asked the Community Development Director to clarify this statement. Community Development Director Brady stated that he would have to go back and review the minutes and tape. He stated that he was not sure that it was an accurate statement, however if the easements were granted it would make the project go forward more easily. He stated that it was not his understanding that if the easements were not granted that the project would not move forward. Mayor Brinley called upon Planning Commission Chairman Wilsey to address the issue. Chairman Wilsey noted that the discussion at Planning Commission was that Lusk wanted to have easements along ten lots along the upper area of their project, and it was stated at the meeting, that the developer would have to reconfigure the lots below the 10 lots at Tuscany Hills if they were 1 PAGE NINE - CITY COUNCIL MINUTES- FEBRUARY 22, 2000 unable to gain the easements. He stated that he would have to review the tape to know exactly what was said, however the way it was presented, without the easements it would have to be addressed through grading. Councilman Metze asked if Chairman Wilsey had requested that Lusk and the homeowners meet again. Chairman Wilsey confirmed that he had. Mayor Brinley asked who would choose the qualified cultural resource consultant if someone from Pechanga Indians could not be on site. Community Development Director Brady stated that the City would authorize the consultant. Councilman Metze concurred with Condition No. 17. He noted that there was a request by the Planning Commission that the developer meet one more time with the property owners prior to the City Council Meeting; and he feels that was not done and there are still problems. Mr. Johnson stated that there was a request to meet, however it was his understanding that the issue that was raised by the property owners from Tuscany Hills was to set the elevation four feet below their pad level and he had agreed to that condition and therefore a meeting was not necessary. He noted the proposal that was presented at the Planning Commission Meeting by Mrs. Lock and he agreed to the proposal. Chairman Wilsey concurred with Mr. Johnson's statement. He noted that the first time the Planning Commission postponed the project was to have Lusk meet with the Tuscany Hills property owners and they did, at the last meeting, Mr. Johnson agreed to the elevation and that did answer the concerns of the property owners. Councilman Metze noted that Condition No. 26 does address the 4 foot elevation requirement. Ron Hewison stated that there was a great deal of discussion regarding the elevation and the need for easements. He noted that at the time Lee Hester stated that she was not going to grant the easement, Chairman Wilsey stated that without the easement the project would not go forward. He noted that when the Planning Commission moved on the project there was no mention of the previous dialogue and the property owners were concerned about the elevation. Mayor Pro Tern Pape noted that the developer had agreed to the elevation on lots 2 -10 and asked Mr. Hewison if he was satisfied with this resolution. Mr. Hewison stated that at the Planning Commission level he had asked for more time to consider the issue, and there has been no more contact since then; therefore they felt that their only recourse was to appear before the City Council. Mayor Pro Tern Pape asked Mr. Hewison if the rooflines were four feet below his pad would he agree to the condition. He stated that he might, however he would like to see it entered into the motion as well as the condition pending on the granting of the easements. Mayor Pro Tem Pape asked for an opinion from the City Attorney since the easement would be between the developer and property owner, without City involvement. City Attorney Leibold concurred that the City was not involved, but that notwithstanding, the easement could say "in consideration of the granting of PAGE TEN - CITY COUNCIL MINUTES - FEBRUARY 22, 2000 the easement the developer agrees to the 4 foot condition." Mayor Pro Tern Pape stressed that the easement would be between the property owner and the developer. City Attorney Leibold concurred. Mayor Pro Tern Pape stated that what would become part of the legal record was the condition that addresses the 4 foot level if the property owner wishes to grant the easement. He suggested that should answer the concerns of both parties. City Attorney Leibold stated that the proposed language read into the record by Mr. Brady in connection with the staff report, was that staff was recommending that the 4 foot elevation requirement be tied to the grant deed of the easement. She noted that Lusk would be mandated or restricted to that elevation only if they were able to obtain those easements. Councilman Metze asked Mr. Hewison if the minimum of 4 foot is acceptable. "Mr. Hewison stated that it would be acceptable only if it is made a part of the record, but indicated that he did not want to lock in neighbors who he does not feel qualified to speak for. Councilman Metze noted Mr. Soper's comments regarding the design of the homes and explained that this would be heard at the time of the design review process. Councilwoman Kelley stated that while reading the report she noted that the four foot elevation was fine, as long as the chimney could encroach 2 feet into that area; however that would only be good if all the easements could be obtained and if the easements could not be obtained, then the condition goes away. Community Development Director Brady stated that with the condition that was drafted for the Planning Commission does read that if the easements cannot be obtained, then the four -foot requirement would not be applicable. Councilwoman Kelley clarified that at the close of the Planning Commission Meeting everyone seemed happy with the four foot elevation agreement that Mrs. Lock proposed, however it is only good if all the easements are obtained, and if all the easements are not obtained, then the condition goes away. Community Development Director Brady concurred. Councilwoman Kelley clarified that if the easements are not obtained and the condition goes away, the development does not go away and can still build without the easements. Community Development Director Brady concurred. She noted that Mr. Johnson has the legal right to build on his property as he sees fit as long as it abides with City requirements and does not need to get the easements. Community Development Director Brady concurred. Councilwoman Kelley asked what concessions Lusk Development had made to this point. Community Development Director Brady stated that the applicant, in terms of the design of the project, had redesigned to try and respond to the concerns of the residents of Tuscany Hills that attended the meeting. He noted that there were a variety of meetings that were attended by staff, as well as a number of meetings with the homeowners that staff did not attend. He noted that Lusk did have several meetings and altered his plan to mitigate concerns of the property owners. He noted that the main concession was the one being discussed this evening regarding the elevation reduction: Councilwoman Kelley asked if the position of the homes on the lots had been discussed. Community Development Director Brady stated that the placement of the homes on the PAGE ELEVEN - CITY COUNCIL MINUTES - FEBRUARY 22, 2000 lots would be considered at Design Review. He stated that the lots in the Lusk development are significantly wider with view corridors between the homes. Councilwoman Kelley asked if the CC & R's for the homes in Tuscany Hills guaranteed a view from their homes in perpetuity. Community Development Director Brady stated that they did not. Councilwoman Kelley questioned the drainage into Canyon Lake and asked if it was resolved. Community Development Director Brady stated that Canyon Lake POA, the City of Canyon Lake and Lusk did reach an agreement in regard to drainage mitigation. Councilwoman Kelley clarified that if the easements are granted then there will be a four foot ridgeline and if they are not then the whole condition goes away and the builder can still build if he chooses. Community Development Director Brady concurred. Councilman Schiffner noted the background information and stated that in the Minutes of the Planning Commission Meeting there were comments that the developer had agreed to hold the roofline 4 feet below adjacent property if he could gain the easements, however this was not part of the Planning Commission approval. He further noted that the Chairman of the Planning Commission had directed staff to write verbiage to cover the situation for City Council consideration. He explained that when he made a review of the material the condition regarding ridgelines was not in the report and he contacted the Planning Department, who in turn contacted Lusk and the verbiage was brought before Council tonight for consideration. He stated that all of the property owners questions of whether that is a fact are answered, since it is a condition that will be part of legal of record if the project is approved. He indicated that he did not know how this would affect the easement, but he did know that if Lusk did not get the easement there would have to be some major design changes; however if he did get the agreements then how he designs the product would not be as important as long as he has the roofline 4 feet below the pad level. He stated to the audience that if the City Council approved the project tonight, it would be a part of the Conditions of Approval for the tract that the ridgelines would be four feet below the adjacent property that is in Tuscany Hills with the possibility of a chimney extending two feet into the four feet. He reiterated that the easement is between the developer and the property and the City is not involved. Mayor Pro Tem Pape asked if the project would have to be brought back before the City Council if the lots in question were addressed with a retaining wall or some other form of grading. Community Development Director Brady stated that it would depend upon how much and what type of modification the developer would have to make. Mayor Pro Tem Pape complimented the Planning Commission for a good job and noted that they took care of the major amount of problems prior to it coming to the City Council. He noted that the drainage issues were resolved and the only issue still under consideration was the roofline; and he felt that a satisfactory solution has been presented, so the rest is between the property owners and the developer. PAGE TWELVE- CITY COUNCIL MINUTES - FEBRUARY 22, 2000 Councilman Metze thanked Chairman Wilsey for attending the Meeting. Mayor Brinley thanked Chairman Wilsey for making himself available for questions and thanked the entire Planning Commission for a job well done. She thanked the Tuscany Hills home owners representatives for their hard work. She addressed the audience and stated that she hoped that the Council had addressed some of the concerns of the owners and noted that the easement documents were meant to be reviewed and the home owners could contact the staff at Lusk if they have any questions. Mayor Pro Tern Pape asked that Community Development Director Brady restate Condition No. 26. Community Development Director Brady presented Condition No. 26 as follows: 26. All development associated with this subdivision requires separate Design Review consideration and approval by the Planning Commission in accordance with Section 17.82 of the Lake Elsinore Municipal Code prior to building permit. Special attention shall be given to the preservation of existing views to Canyon Lake along the west property boundary of Tentative Tract Map 28751. If all the easements required for grading Tentative Tract Map 28751 are granted by the owners of the adjoining lots in Tract 17413 -6, then the roof ridge line of homes constructed on lots 2, 3, 4, 5, 6, 7, 8, 19, & 10 of Tentative Tract Map 28751 shall be at least 4 feet below pad elevations of such adjoining lots in Tract 17413 -6 excluding chimneys which may encroach two feet into the four foot area. If all of the easements reasonably required to grade Tract 28751 are not granted, this condition shall not apply. MOVED BY SCHIFFNER, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO APPROVE TENTATIVE TRACT MAP NO. 28751 WITH THE FOLLOWING FINDINGS AND AMENDED CONDITIONS OF APPROVAL: FINDINGS 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). 2. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. 3. The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision. (Governmental Code Section 66412.3) PAGE THIRTEEN - CITY COUNCIL MINUTES - FEBRUARY 22, 2000; 4. The proposed subdivision will cause unavoidable adverse impacts on the environment. A statement of overriding consideration has been approved by the City Council (FEIR No. 98 -1) Resolution No. 2000 -6. PLANNING DIVISION 1. Tentative Tract Map No. 28751 shall become effective at such time as Annexation No. 69 is approved by the City Council, receives final approval by the County's Local Agency Formation Commission (LAFCO), and is recorded as territory under the jurisdiction of the City of Lake Elsinore. 2. DELETED. 3. Tentative Tract Map No. 28751 will expire two (2) years from date of approval unless within that period of time a final map has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. Additional extensions of time (thirty -six months maximum per the Subdivision Map Act) may be granted per City Council approval. 4. Tentative Tract Map No. 28751 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake ;Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 5. Developer of this subdivision shall comply with all mitigation measures established within the Mitigation Monitoring Program for Final Environmental Impact Report No. 98 -1. 6. The applicant shall sign and complete an "Acknowledgement of Conditions" and shall return the executed original to the Community Development Department, Planning Division. 7. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Annexation No. 69 and Sphere of Influence, GPA No. 98 -3, ZC No. 98 -3, TTM No. 28751, and FEIR No. 98 -1, which action is bought 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 with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. PAGE FOURTEEN - CITY COUNCIL MINUTES FEBRUARY 22, 2000 PRIOR TO FINAL TRACT MAP 8. Prior to Final Tract Map approval by the City Council, all lots within this subdivision shall conform to the standards of the R -1 Zoning, Section 17.23 (Single - Family Residential Zoning) of the LEMC. 9. Prior to Final Map approval, the Final Map shall be in compliance with approved Tentative Tract Map No. 28751 as stamped approved by the Planning Division. 10. Prior to Final Map approval, the applicant shall pay appropriate fees to the Planing Division for implementation of the Mitigation Monitoring Program for FEIR No. 98 -1. 11. A precise survey with closures for boundaries and all lots shall be provided per LEMC. 12. Street names within the subdivision shall be approved by the Planning Division. 13. The applicant shall comply with all requirements of the Riverside County Fire Department. 14. The applicant shall comply with all requirements of Elsinore Valley Municipal Water District (EVMWD). 15. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 16. Meet all requirements of Southern California Edison Company. In addition, the developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and /or the established Home Owner's Association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. Lighting on streets that are directly adjacent to the City of Canyon Lake shall be properly shielded to protect direct light and glare contrary to the lifestyle currently desired by the Canyon Lake residents. PRIOR TO ISSUANCE OF GRADING PERMIT 17. The applicant shall enter into a pre- excavation agreement with the Pechanga Band of Luiseno Mission Indians or other qualified cultural resource consultants to ensure that Native American monitor(s) shall be present onsite during grading, site preparation and groundbreaking activities and to provide for the treatment and disposition of Native American human remains and cultural resources. The applicant shall comply with the provisions of California Public Resource Section 5097.98 should any Native PAGE FIFTEEN - CITY COUNCIL MINUTES - FEBRUARY 22, 2000 american human remains be uncovered. 18. The applicant shall be required to submit a Construction Management Plan subject to the approval of the City Engineer and the Community Development Director or designee. The applicant shall be required to provide a bond at an amount agreed to by the City Engineer and applicant. Construction traffic shall not take access from Villa Roma, Villa Valtelena or Villa Milano. 19. The applicant shall acquire proper clearances and approvals from the Regional Water Quality Control Board, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Services, and/or the California Department of Fish and Game, subject to the satisfaction of the Community Development Director, or designee. 20. The City's Noise Ordinance shall be met during all on site preparation activity. Construction shall not commence before 7:00 a.m. and cease at 7:00 p.m., Monday through Friday. Construction activity shall not take place on Sunday, or any legal holidays. 21. Any alterations to the topography, ground surface, or any other site preparation activity will require the appropriate City permits from the Engineering Division. A Geologic Soils Report with associated recommendations will be required for all grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer. Interim and permanent erosion control measures are required.- The applicant shall bond 100% for material and labor for one year for erosion control landscaping at the time the site is rough graded. PRIOR TO ISSUANCE OF BUILDING PERMITS 22. The applicant shall be required to forma Home Owner's Association or join an existing Home Owner's Association for adequate maintenance of common open space and related landscaping. 23. The applicant shall be required to annex the project site into Zone T of the Citywide Landscaping & Street Lighting Maintenance District (LLMD). 24. Arrangements shall be made between the City and the applicant for fiscal impacts by the project 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 city- wide improvements and facilities relating to fire and police protection and maintenance of roadways, etc. 25. The applicant shall comply with all laws including the payment of fees based on State Law Requirements. 26. All development associated with this subdivision requires separate Design PAGE SIXTEEN - CITY COUNCIL MINUTES - FEBRUARY 22, 2000 Review consideration and approval by the Planning Commission in accordance with Section 17.82 of the LEMC prior to building permit. Special attention shall be given to the preservation of existing views to Canyon Lake - along the west property boundary of Tentative Tract Map 28751, Uf akk the easements are not granted by the owners of the adjoining lots in Tract 17413- 6, then the roof ridge line of homes constructed on lots 2,3,4,5,6,7,8,9 & 10 of Tentative Tract Map 28751 shall be at least four feet below pad elevations of such adjoining lots in Tract 17413 -6 excluding chimneys which may encroach two feet into the four foot area. If all of the easements reasonably required to grade Tract 28751 are not granted, this condition shall not apply. 27. House plotting, architectural drawings, floor plans, landscaping and fencing shall require Design Review approval prior to issuance of building permits. All standards of development and procedural steps in effect at the Design Review submittal shall apply for this project. 28. All interior fencing shall be approved subject to Section 17.14.130.D of the Lake Elsinore Municipal Code. A Fencing Plan shall be submitted to the Planning Division for review and approval at the discretion of the Community Development Director, that designates where various types of fencing are to be located prior to issuing of building permit. Splash walls will be required for down slope property boundaries at the discretion of the City Engineer. 29. All trailers and/or mobile homes used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. All trailers and/or mobile homes used during construction shall require a cash bond to guarantee proper removal. 30. The applicant shall pay all applicable City fees in force at the time, (including park in lieu fees), prior to the issuance of building permits. PRIOR TO CERTIFICATE OF OCCUPANCY 31. Slopes on individual lots in excess of three -feet in height shall be installed, landscaped and irrigated by the developer. These slopes shall be maintained by Individual Home Owners. 32. All 'common slopes shall be installed, landscaped, and irrigated by the developer. All common slopes shall be maintained by the established Home Owner's Association. 33. The applicant shall meet all the requirements of the serving gas utility. 34. The applicant shall meet all the requirements of the serving telephone utility ENGINEERING DIVISION 35. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior ,, PAGE SEVENTEEN - CITY COUNCIL MINUTES - FEB. 22, 2000 to final map approval. 36. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 37. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 38. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 39. Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). Modified Standards may be approved subject to the discretion of the City Engineer. 40. Maximum desirable grade for local streets is 9 %. The maximum grade of 15% should only be used because of design constraints. 41. Interior streets shall be designed with 9% as the desired maximum grade and intersecting streets shall meet at a maximum grade of 6 %. 42. Applicant shall obtain all necessary off -site easements for off -site grading and drainage outlet structures from the adjacent property owners prior to final map or grading plan approval. 43. Provide fire protection facilities as required in writing by Riverside County Fire. 44. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 45. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 46. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info /GIS or developer to pay $300 per sheet for City digitizing. PAGE EIGHTEEN - CITY COUNCIL MINUTES - FEBRUARY 22, 2000 47. All utilities except electrical over 12 kV shall be placed underground, as approved by the serving utility. 48. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Calif. Registered Civil Engineer and approved prior to grading permit issuance. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 49. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 50. An Alquist - Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site. 51. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 52. On -site drainage facilities located outside of road right -of -way should be contained within drainage easements shown on the final map. A note should be added to the final map stating "Drainage easements shall be kept free of buildings and obstructions ". 53. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 54. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and review by the City of Canyon Lake and the Property Owners Association of Canyon Lake prior to approval of final map and/or grading permit. Developer shall mitigate any flooding and /or erosion caused by development of site and diversion of drainage. 55. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 56. 10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right -of -way. When either of these criteria are exceeded, drainage facilities should be installed. 57. A drainage acceptance letter will be necessary from the downstreamproperty owners for outletting proposed stormwater run -off on private property, if applicable. 58. If the existing Canyon Lake storm drain system does not have the capacity to accept the storm water discharge from the developed site, then additional storm water detention will be required on site. The inlets to the Canyon Lake storm drain system may need improvements to increase their inlet capacity. rr , PAGE NINETEEN - CITY COUNCIL MINUTES - FEBRUARY. 22, 2000 The existing vegetation in the low areas upstream of the inlets in Canyon Lake shall be maintained to provide an efficient hydraulic section for storm water runoff to enter the Canyon Lake storm drain system. 59. Applicant shall agree to join the Railroad Canyon Road Benefit Reimbursement District and be subject to the same fee as the Tuscany Hills Development Projects. ($1,846 per unit) 60. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for storm water pollutants discharging into the Canyon Lake Reservoir. 61. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 62. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 63. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 64. Local streets shall have sixty (60) ft. right -of -way with forty (40) ft. curb -to- curb. 65. Single- loaded local streets shall not have less than a 43 ft. right -of -way with 30 ft. curb -to -curb. Parking will be permitted only on one side of the street. 66. Applicant shall connect H Street with Via De La Valle. All right -of -way shall be acquired prior to final map approval. 67. Applicant shall record CC & R's for the tract prohibiting on- street storage of boats, motorhomes, trailer, and trucks over one -ton capacity. The CC & R's shall be approved by the Community Development Director or designee prior to recordation of final map. PAGE TWENTY- CITY COUNCIL MINUTES - FEBRUARY 22, 2000 68. Applicant shall provide a homeowner's association with CC & R's for maintenance of the open space. 69. 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 either a homeowner's association or private property owner. 70. Applicant shall be exempt from paying any drainage fees with the developer constructing the storm drain system. 71. DELETED. PRIOR TO ISSUANCE OF BUILDING PERMIT 72. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). 73. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83 -78). - 74. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 %z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 75. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 76. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 77. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 78. Developer shall contribute $60,000 for off site traffic mitigation for their fair share of infrastructure improvements to intersections in the vicinity and I -15 freeway ramps. This shall equate to a fee based on the number of units, payable at building permit. 79. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant should contract with CR &R Inc. for recycling and storage container services, but the applicant may use the services of another recycling vendor provided that the recyclable materials are either donated or sold to the vendor. Another PAGE TWENTY -ONE - CITY COUNCIL MINUTES - FEBRUARY 22, 2000 recycling vendor, other than CR &R Inc., cannot charge the applicant for recycling bin rental, recycling services, or other services related to recycling or solid waste disposal. Unless the applicant is using CR &R Inc. for recycling services, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weighmaster tickets. 80. Developer shall install two bench marks in accordance with Riverside County Standards and at a location to be determined by the City Engineer. (added by City Engineer) THE CITY COUNCIL MEETING WAS RECESSED AT 8:24 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:34 P.M. 31. Second Reading - Ordinance No. 1062 - Zone Change 98 -3 Lusk Elsinore, Inc. (F:172.2) MOVED BY KELLEY, SECONDED BY PAPE TO ADOPT ORDINANCE NO. 1062 UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1062 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANBE NO. 98-3 (PRE -ZONE) TO CHANGE THE ZONING DESIGNATION OF APN 363- 030 -002 THRU -014 FROM R -R (RURAL RESIDENTIAL COUNTY) TO R -1 (SINGLE FAMILY) RESIDENTIAL. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Annual Economic Report 1999. (F:70.1) City Manager Watenpaugh noted that in March, 1998, the City adopted the Economic Gardening Strategy and introduced Assistant City Manager Best for presentation of the 1999 annual report. PAGE TWENTY- TWO -CITY COUNCIL MINUTES - FEBRUARY 22, 2000 Assistant City Manager Best thanked the City staff and the Business community for their active participation to make the program a success. She indicated that the Community Development Department reported an - increase of 29% in the total number of development permits issued over 1998, from 862 permits in 1998 to 1,112 permits issued in 1999, which reflected a 19% increase in project valuation in our community. She noted that the City was recognized as having a 5.5% population increase in 1998, the highest rate since 1992. She stated that the City saw the first new industrial construction permits in the City since 1991 with six projects totaling over 65,000 square feet, with a total valuation of $2 million and with additional projects that were approved and anticipated in the year 2000 and they will total over 252,000 square feet. She noted that the City will do a review of the General Plan in 2001 and suggested that Council consider the amount of available industrial property as it equates to higher paying jobs for the community in the upcoming review of the General Plan. She noted that 46 to 50 businesses within the City are either manufacturers or first tier suppliers. She noted that a random survey showed an increase of 35 positions during 1999. She indicated that the City had one business relocate out of the City in 1999 and take 50 jobs away from the City, however the building is in escrow and it is anticipated that the lost jobs will be replaced in this calendar year. Assistant City Manager Best stated that new retail construction was slower in 1999, than in 1998, however several existing establishments have proceeded with facility improvements. She noted that the Prime Outlet Center has improved their facility to be attractive to today's consumers. She noted that the most prominent new commercial facility constructed in 1999 was Lake Elsinore Ford. She commented that even with limited new construction, the retail sector added 97 new jobs in local retail establishments. She noted that sales tax for fourth quarter '99 are not yet available, however the third quarter results show sales tax generated for 1999 to be 11.3% higher than the third quarter of 1998. She indicated that the estimated sales tax revenue for fiscal year `99/2000 at $3,400,000. She further indicated that Business license records show total active licenses at 1,579. Assistant City Manager Best addressed residential growth and stated that Community Development records reflect 304 permits were issued for new single family home construction in 1999, which is an increase of 14.2% for 1998, with a construction value of $60,504,448. She noted that the methodology the City uses for calculating permit valuation has remained constant since 1993, with an average valuation per single family home that has risen from $146,516 in 1993 to $199,516 in 1999. She noted that this indicates that the average size of new single family homes has steadily and significantly increased from 1,877 square feet in 1993 to 2,593 square feet in 1999 for a 38% increase and indicates a larger product size in the community. Ms. Best noted that this increase in home size is verified in at PAGE TWENTY -THREE - CITY COUNCIL MINUTES - FEB. 22, 2000 least seven housing projects within the City. She noted that according to a recent survey, in 1999 fourth quarter sales prices, Lake Elsinore had the fourth highest percentage increase in housing prices of over 24% in all of North San Diego and Southwest Riverside County communities with the lowest cost per square foot of all the communities. She noted that the Inland Empire is the 5`i' fastest growing region in the United States and the City of Lake Elsinore is the 4`t' fastest growing city in the County of Riverside and the 20ti' fastest growing city in the State of California and this trend will continue with the 815 units of approved projects still to be built out in our community for residential housing and does not take into account some of the other master planned communities that are still going through the entitlement process. She stated that the current population as of January 1, 1999, was 29,300 and the January, 2000 figure has not been released yet, however based on the number of permits issues there will be a higher population. She noted that Lake Elsinore is one of the high growth communities in the County. Assistant City Manager Best noted that in totaling up the non -lake activities the City of Lake Elsinore experienced over 3 million visitors in the year 1999 and does not include special event activities such as the Grand Prix or Mini Grand Prix. Street Fairs or Car Shows. She stated that the numbers for lake associated visitations also do not include data for various special events and activities held on the water or beachfront, however those numbers may be available in the future. She indicated that the City Campground hosted 5,838 overnight visitations with revenue of $107,905 to the Lake Enterprise account in 1999. She noted that additional revenue reported for the facility by the Community Services Department was generated by 103 day use visits at $2 each, 4,985 additional persons or vehicles at $5 each, and miscellaneous fees totaling $28,831. She stated that the cumulative total of `visitors including the Lake is approximately 4 million people. Assistant City Manager Best noted that the City's Economic Gardening Program was able to proceed in 1999 through combined effort of community stakeholders, City staff and a variety of entities. She noted that they were able to participate in the Press Enterprise Career Fair for Southwest Riverside County and have been asked to continue participation this year. She further nc�:ed that U C Riverside Extension Program and Temecula Connect Program have both approached the community regarding participation. She indicated that the City participates in the Economic Alliance of Southwest Riverside County and the Economic Development Corporation of South�As est Riverside County and together with the stakeholders and the City of Canyon Lake, new Business Census was performed in 1999, as well as the beginnings of a regional Business Resource Guide. Tie noted that both the Guide and Census Report are due to be released in esyrly 2000. Ms. Best explained that the City has purchased a Business Analyst Program and will assist business in reviewing and establishing their own market share as well as what their competitors are doing to place themselves in a better marketing position. She further noted that the City w,s able to hire noted economist John Husing to complete a PAGE TWENTY -FOUR - CITY COUNCIL MINUTES - FEB. 229 2000 demographic study and will be included in the Year 2000 Economic Report. Ms. Best noted that the City Council was able to recognize several of the businesses through the Business Recognition Program in 1999 and listed the businesses recognized. She noted that quality of life improvements that were made by the City to make the community a more attractive place for both businesses and residents in 1999. She noted that the City was able to establish funding for operations of the West End Fire Station at McVicker Park. She noted that the station is now scheduled to open in January 2001. She made note of the Storefront Substation of the Police Department, which is an outreach of the Community Oriented Policing Program and the construction of the Central Police /Sheriff Station which is under construction in the downtown area adjacent to the existing facility. She noted that according to FBI statistics, the City's crime rate dropped 61.9% in the last five years, the largest drop in crime in the Inland Empire. Ms. Best noted that the Crime Free Multi - Family Housing Program has assisted in reshaping various neighborhoods into more attractive places to live. She explained that there have been several transportation improvements, which will help both business and consumer; traffic in the City and surrounding area. She stated that the Lake Elsinore Unified School District will make major improvements to existing campuses and construct new facilities with funding supplied in part by the State of California to keep pace with the new population growth that the City is experiencing. She noted that the Elsinore Valley Municipal Water District is constructing the Temescal Valley Pipeline to ensure ample water supply and are in the process of expanding their Sewage Treatment Plant which will provide additional capacity for both business and residential growth. She noted that a new brine line is being constructed in the City which will accommodate manufacturers who require this infrastructure for their operations. Assistant City Manager Best stated that the Year 2000 is looking positive for the community. She noted that at this point it is expected that the new positive economic trends will continue. She stated that this is not a cumulative report, it is a report of all of the efforts of which staff is aware. She noted that it is hoped that each year staff will be able to provide more detail to provide to the community to give an accurate status of our economy. Councilwoman Kelley commended Assistant City Manager Best for a job well done. She noted that Economic Gardening has benefited the City and the report is very clear and concise. Councilman Metze thanked the staff, as well as the Chamber of Commerce and all of the businesses that have helped contribute to the community. He noted the increase in sales tax revenue and suggested that it shows that the City is going in a very positive direction. He stated that it was a good job. PAGE TWENTY - FIVE'- CITY COUNCIL MINUTES - FEB. 229 2000 , Councilman Schiffner congratulated staff for accomplishing the things that have been documented. He noted that the Council approves or rejects the items that staff proposes, and credit should go to the professionals that accomplish most of these things. He commended staff for a job well done. Mayor Pro Tem Pape stated that there are so many positive things going on it is hard to keep up with them. He noted the new jobs, new industrial buildings, new buildings in the planning process, new people moving into the community every week and with all that the crime rate is down. He noted that having 4 million people visiting the community is incredible. He stated that the City has come a long way in the last few years and it is good news. Mayor Brinley expressed her appreciation to staff, the Chamber of Commerce, the Economic Development Committee and all the other businesses in the community that have helped to provide the information for this report. She noted the excitement that is experienced when a new business comes to the community. She mentioned that Norm Reeves would be locating in the City this year, and explained that through this type of effort it improves the community at large. She further stated that this report showed a job well done. MOVED BY KELLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND FILE THE ANNUAL ECONOMIC REPORT FOR 1999. 33. West End Fire Station Naming. (F: 127.3)(X:59.1) City Manager Watenpaugh indicated that it was brought to his attention that there was not County policy for the naming of fire stations and City staff has received at least one suggestion for a name for the new fire station. He suggested that the most positive approach to making this decision would be the appointment of a Mayor's Committee for discussion of the topic. He detailed the proposed process for selection of a name including an open call for suggestions, committee review process and narrowing the list;to about three names for consideration by the City Council. Mayor Brinley reiterated the process for Mayor's committee appointments and suggested a motion to make appointments to this committee at the first meeting in March. MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE APPOINTMENT OF A MAYOR'S COMMITTEE FOR NAMING OF THE WEST END FIRE STATION, WITH APPOINTMENTS BEING MADE AT THE MARCH 14, 2000 CITY COUNCIL MEETING. THE CITY COUNCIL MEETING WAS RECESSED AT 8:56 P.M. PAGE TWENTY -SIX - CITY COUNCIL MINUTES - FEB. 229 2000 THE CITY COUNCIL MEETING RECONVENED AT 9 :02 P.M. PUBLIC COMMENTS — NON - AGENDIZED ITEMS Gary Webster, 11363 Buckskin Ave., Montclair, noted that he had presented a summary for Council's review. He indicated that staff has been less than cooperative as they have repeatedly tried to determine the reason for denial of a permit. He noted that the last correspondence was from an attorney to Mr. Brady, however there has been no response from the building official. He suggested that staff had not been able to demonstrate laws that justify the actions. He inquired how he should proceed on this matter and addressed pertinent sections of the Uniform Building Code. He suggested that there were existing noise and air pollution issues from generators in the area. He noted that they had been in contact with Edison, who is willing and able to provide service to the area. He reiterated his request for direction on this matter. Dan Uhlry, 150 E. Lakeshore #80, indicated that he had good news and great news. He advised that the Three Lakes Posse has secured property for their rodeo on September 1 - 3, 2000 at Central and Collier. He further advised that they had just been advised of their final PRCA approval for their rodeo. Debra Crawford, President of the Elsinore Valley Arts Network, welcomed Councilman Metze back and noted that a lot of exciting events are planned for the year 2000. She announced the following events: booth at the Children's Fair in April; Young Poets Contest culminating with an awards night on May 22nd; Jazz Festival in June; Concerts in the Park in July and August; Philharmonic Orchestra Concert in September; Art Show and Sale in October; and entertainment at Winterfest. She noted that they are also looking to gather resources to put on an original play in March, 2001. She stressed that all EVAN events are done through volunteer efforts and encouraged participation. She indicated that anyone wishing to obtain more information or volunteer could contact her at 678 -5924. She also noted that�EVAN was now a member of the Non - Profit Network of Southwest Riverside County. Albia Miller, addressed the sustainability of the residents who live in Lake Elsinore; and expressed concern for development which will impact the water supply. She suggested that past developers have not addressed the area needs. She demanded that the Council establish a moratorium against the pending Lake Elsinore and Temecula Valley Projects. She addressed environmental concerns and addressed the upcoming ballot propositions and suggested saying no to businesses unless they are "green" businesses. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Noted that due to the weather, the planned Sheriff /Police Station opening set for February 28' has been postponed to a date uncertain. PAGE TWENTY -SEVEN - CITY COUNCIL MINUTES - FEB. 229 2000 2) Thanked City staff and the businesses who have volunteered to put together a very successful economic gardening program. He commended the positive efforts from the community to assist with the program over the last two years. CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) Welcomed Councilman Metze back to the dias. 2) Clarified that with respect to the Lusk property easement, she had received clarification that it would be a temporary easement to allow for necessary grading. She stressed that upon completion of the project the easement would expire. She reiterated that this was a temporary situation. 3) Announced the three items of discussion for Closed Session as identified on the agenda. 4) Advised that she would be happy to work with Community Development Director Brady on Mr. Webster's request for an electrical permit.' COMMITTEE REPORTS None. CITY COUNCIL COMMENTS Councilman Metze commented on the following: 1) Noted that a variance is an appeal and clarified the process for the electrical permit question. 2) Thanked his fellow Councilmembers for their support during his absence. He indicated that it was great to be back and looked forward to the next two years. Councilwoman Kelley commented on the following: 1) Welcomed Councilman Metze back. 2) Noted that she received a letter from the local librarian detailing her use of the City's $10,000 allocation and noted that she had obtained 422 new copies of books on Science and Technology topics, as well as picture books for the youngest readers. She indicated that the dollars are being well spent. PAGE TWENTY -EIGHT -CITY COUNCIL MINUTES - FEB. 229 2000 Mayor Pro Tern Pape had no comments. Councilman Schiffner commented on the following: 1) Noted that he attended the opening of the Ford Agency and was very impressed with the facility and the number of people who came out to view the facility. 2) Welcomed Councilman Metze back. 3) Commented that the main discussion of this meeting was the Lusk development and acknowledged everyone was not happy with the Council's decision; but the Council needs to choose the best of what is available. Mayor Brinley commented on the following: 1) Announced the upcoming Classic Car Show scheduled for February 26`' from 6 to 9 p.m. 2) Noted that Joyce Tate would be retiring on February 26`h after over ten years of service to the City. She noted that the seniors are very distressed by this news; stressing the high level of care and concern she gives them. She applauded her efforts and noted that there would be a farewell event at the Cultural Center on Friday at 11:30 a.m. 3) Reiterated that the Sheriff Station dedication had been postponed to a date not yet set. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) City of Lake Elsinore v. Lytle Creek Partners (Case #213915); Koliber v. EVMWD et al (Case #215768 and 217976). B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Rogers v. City of Lake Elsinore (Case #TEC 0- 46955). C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code 54956.8) Property: APN #391- 260 -040 & APN #391- 260 -047. Negotiating Parties: George Dale and the City of Lake Elsinore. Under Negotiation: Price & terms of payment. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 9:23 P.M. FOR DISCUSSION OF THE ABOVE LISTED ITEMS. PAGE TWENTY -NINE - CITY COUNCIL MINUTES - FEB. 229 2000 THE CITY COUNCIL MEETING RECONVENED AT 9:51 P.M. WITH NO REPORTABLE ACTION. ADJOURNMENT MOVED BY METZE, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:52 P.M. Lc PAMELA B NLEY, MAYO CITY OF LA ELSINORE ATTEST: VICKASAD, CITY CLERK CITY OF LAKE ELSINORE