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HomeMy WebLinkAboutCC-05/09/2000MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 99 2000 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Brinley at 7:02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Pape. INVOCATION The Invocation was provided by Pastor Davis representing the Evangelical Seventh Day Baptist Church. ROLL CALL PRESENT: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Brady, Fire Chief Seabert, Police Lt. Mendoza, Information /Communications Manager Dennis, Recreation & Tourism Manager Edelbrock, City Planner Villa, City Treasurer Ferro and City Clerk Kasad. PRESENTATIONS a. Proclamation - Mental Health Month. (F:122.1) The representative was not present for presentation. b. Proclamation - Veteran Appreciation Month. (F:122.1) The representative was not present for presentation. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Items Nos. 4, 5 and 32. PAGE TWO - CITY COUNCIL MINUTES - MAY 99 2000 CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4, 5 and 7. MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Regular City Council Meeting - April 25, 2000. (F:44.4) The following Minutes were received and ordered filed: b. Planning Commission Meeting - April 19, 2000. (F:60.3) C. Design Review Committee Meeting - April 19, 2000. (F:60.4) 2. Ratified Warrant List of April 27, 2000. (F:12.3) 3. Received and ordered filed the Investment Report for March, 2000. (F:12.5) 6. Grant Easement to Permit the Construction and Maintenance of Electrical Facilities to the New Fire Station to be Constructed at 29405 Grand Avenue, Lake Elsinore. (17:48.1)(X:127.3) 8. Approved Public Hearing Date of May 23, 2000 for the following: a. Tentative Tract Map No. 23848 -5 Amendment No. 1 for Pardee Construction Co. - A request to approve the amendment of TTM No. 23848 -5 from a single 17.2 acre parcel to 64 single family residential lots, one (1) park site, one (1) recreation center, and two (2) open space lots. The project is located in the Cottonwood Hills Specific Plan Area with Planning Area No. 7 & 8. (F:160.2) PUBLIC HEARING 21. Tentative Tract Map No. 29568 "Cottonwood Hills Specific Plan " - Pardee Construction ComTanX. (F:160.2) Community Development Director Brady provided an overview of the project and noted that it was a resubdivision of an existing map in the area. He further noted that several conditions were modified at the Planning Commission level and recommended a minor change to Condition #20 to read "A homeowners association shall be established to manage and...... ". Mayor Brinley opened the public hearing at 7:10 p.m., asking those persons PAGE THREE - CITY COUNCIL MINUTES - MAY 99 2000 interested in this item to speak. The following person spoke: Mike Medafor, Project Design Consultants, representing the applicant, offered to respond to any technical questions on the project. Hearing no additional requests to speak, the public hearing was closed at 7:12 p.m. Councilman Metze commented that overall this was a fine project. He questioned revised Condition #67, regarding the potential for use of another recycling vendor. He suggested requiring that they use the City contractor to ensure proper management. Community Development Director Brady indicated that staff was currently reviewing this condition under the existing franchise agreement. Councilman Metze expressed concern with leaving flexibility in the condition. Mr. Brady clarified that staff was not encouraging use of another contractor. Councilman Metze suggested specifically discouraging the use of another contractor. Mr. Brady clarified that staff was in the process of reviewing the Condition under the requirements of AB 939, and recommended that it remain as stated for the time being. Mr. Metze inquired if it was possible to require that the developer use the City contractor. City Attorney Leibold commented that she did not believe that CR & R was an exclusive franchise, but noted that there was some question of the ability to mandate their use to a developer. Councilman Metze inquired if the applicant would be willing to use the City contractor. Mr. Medafor responded that he did not believe there was an issue at this point, but this condition was reworded at the request of one of the Planning Commissioners. City Attorney Leibold noted that there are some concerns for efficiency and administration of the contract. Councilman Metze expressed concern with having mutiple trash haulers and contracts to administer. City Manager Watenpaugh noted the next sentence regarding use of another trash hauler, noting that hauling would have to be free. He stressed that the City's concern was with getting proper credit for AB 939 recycling requirements. Councilwoman Kelley noted that as written this Condition should only apply to the clearing the lots and construction phases. Community Development Director Brady confirmed that this Condition was only for the construction phase. Based on that clarification Councilman Metze concurred that it was acceptable. Councilwoman Kelley indicated that she had no other questions, but noted the lot sizes proposed with an average of 7,076 square feet. Mayor Pro Tern Pape noted that this resubdivision was intended to create larger residential lots. He commented that this was a very favorable change for the community, and noted that they intend to start moving dirt in July of this year. Councilman Schiffner noted that most of the proposed conditions were from the previous approval; and this action was only proposing a change in density. He saw no problem with the proposed project. PAGE FOUR - CITY COUNCIL MINUTES - MAY % 2000 MOVED BY KELLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO APPROVE TENTATIVE TRACT MAP NO. 29568 BASED ON THE FOLLOWING FINDINGS, EXHIBIT "A" AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. FINDINGS 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the General Plan, the Cottonwood Hills Specific Plan, and the approved Development Agreement at the time of its approval and adoption. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan and the Cottonwood Hills specific Plan at the time of its approval and adoption. 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 hearing or cooking opportunities in the subdivision (Government Code Section 66412.3) CONDITIONS OF APPROVAL PLANNING DIVISION 1. Tentative Tract Map No. 29568 will expire two (2) years from date of approval unless within that period of time a final map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2. Tentative Tract Map No. 29568 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 3. The applicant shall defend (with counsel acceptable to the City), indemnify, 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 Tentative Tract Map No. 29568, which action is bought within the time period provided for in California Government Code Sections 65009 and /or 66499.3 7, 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 FIVE - CITY COUNCIL MINUTES - MAY 99 2000 4. A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 5. The City's Noise Ordinance must be met during all site preparation activity. 6. Street names within the subdivision shall be approved by the Community Development Director or Designee prior to final map approval. 7. Applicant shall bond for all public improvements and grading for subject development as required by the City Engineer. a) Bonding shall be done by phases and not by final maps(s) on grading. b) Bonding shall be done by final map(s) for all other improvements. 8. Pay all applicable fees including park fees as stated in the development agreement prior to issuance of building permits. 9. Prior to final map approval of Tentative Tract Map No. 29568, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. 10. Prior to Final Tract Map approval, provide drainage acceptance letters from adjacent property owners to be approved by the City Engineer and City Attorney and recorded. 11. All of the improvements shall be designed by developer's Civil Engineer to the specifications of the City of Lake Elsinore. 12. Comply with all conditions of the Riverside County Fire Department. Provide fire buffer zones around the east side of tract boundary and landscape for fire retardant and erosion control prior to issuance of first Certificate of Occupancy. Pursuant to Section 6.2 of the Cottonwood Hills Specific Plan. (amended at Planning Commission hearing) 13. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 14. 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. 15. 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 association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. PAGE SIX - CITY COUNCIL MINUTES - MAY 9, 2000 16. Meet all requirements of the providing electric utility company. 17. Meet all requirements of the providing gas utility company. 18. Meet all requirements of the providing telephone utility company. 19. All trailers used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. 20. A homeowners association shall be established, to manage and impose fees to maintain all slopes or common areas, open space, private drainage facilities, firebreaks, habitat areas, private recreational facilities and grounds, private streets and any other common amenities. This association shall be established subject to current State laws and be subject to the approval of the City Attorney and Community Development Director who shall review all CC & R's and rules for their adequacy and completeness. The City Attorney shall review CC & R's, homeowners association documents and all documents to convey title to the homeowners association. (amended at Planning Commission and City Council hearing) 21. Subdivider shall record CC & R's for the project prohibiting on- street storage of boats, motor homes, trailers and trucks over one (1) ton capacity. It shall also record a reciprocal parking and access agreement in favor of all lots within the subdivision. CC & R's shall be subject to the approval of the Community Development Director, or his designee, prior to recordation of any deeds or final map. CC& R's shall be recorded prior to issuance of any Certificate of Occupancy for the units when developed in the future. 22. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate Grading City permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the 'City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty -feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 23. All development associated with this map requires separate Design Review approval. 24. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 25. All project mitigation measures, listed within the certified EIR for the project, shall be incorporated into project design and development. 26. The applicant shall pay applicable fees and obtain proper clearance from the PAGE SEVEN - CITY COUNCIL MEETING - MAY 9, 2000 Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. ENGINEERING DIVISION 27. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 28. Tentative Tract Map 29568 shall be subject to all applicable conditions of approval of tentative tract 23848 (Cottonwood Hills Development). 29. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). 30. 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. 31. 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). 32. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Division Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 33. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 34. The desirable design grade for local streets should not exceed 9 %. The maximum grade of 15% should only be used because of design constraints. 35. 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). 36. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1 /2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 37. Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval. 38. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or PAGE EIGHT - CITY COUNCIL MINUTES - MAY 99 2000 his agent. 39. Provide fire protection facilities as required in writing by Riverside County Fire. 40. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 41. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 42. 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. 43. 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. 44. All utilities except electrical over 12 kV shall be placed underground, as approved by the serving utility. 45. 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. 46. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 47. 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. 48. 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. 49. 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 ". 50. All natural drainage traversing site shall be conveyed through the site, or shall PAGE NINE - CITY COUNCIL MINUTES - MAY 99 2000 be collected and conveyed by a method approved by the City Engineer. 51. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 52. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 53. 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. 54. 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. 55. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed storm pipe onto on private property. 56. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed pursuant to the approved Development Agreement. (amend at Planning Commission hearing) 57. 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 landscaping, the application of herbicides, pesticides and fertilizers. 58. 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. 59. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 60. Local streets shall have a minimum of a sixty (60) ft. right -of -way with forty - (40) ft. curb -to -curb. Restricted local streets (cul -de -sacs) shall have a minimum of a fifty -six (56) ft. right -of -way with thirty -six (36) ft. curb -to- curb. As approved in the Specific Plan by City Council. 61. Cottonwood Hills Road and Lost Road shall be improved as specified in the PAGE TEN - CITY COUNCIL MINUTES - MAY % 2000 Cottonwood Hills Specific Plan Transportation Phasing Program except for the allowance of left turn lanes at intersections and /or driveways for safety prior to the first certificate of occupancy. 62. No residential lot shall front and access shall be restricted on Cottonwood Hills Road and so noted on the final map. 63. A traffic signal shall be installed and be operational at the intersection of Lost Rd. and Cottonwood Hills Rd. prior to the first class being held on the school site. 64. Deleted at Planning Commission hearing 65. On large open space lots, the area adjacent to houses or commercial buildings shall be designated as a fuel modification zone for a firebreak and maintained by a homeowner's association. 66. The developer shall comply with a Cultural Resources Mitigation Program prior to final map approval or grading permit (whichever occurs first). The program shall be based on site evaluations by qualified archaeologists and historians to establish significance of each site and a detailed plan for appropriate mitigation, subject to the approval of the Community Development Director. Compensation for disturbances to cultural resources shall be provided by a program to recover information from sites that shall be monitored by archaeologists where required by the EIR. In the event significant historic material is discovered, it shall be removed before grading occurs. 67. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant should contract with'CR &R Inc. for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR &R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR &R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weighmaster tickets. 68. Developer shall install one benchmark in accordance with Riverside County Standards and at a location to be determined by the City Engineer. 31. Second Reading - Ordinance No. 1064 relating to Fortunetelling Regulations. (17:34.1) MOVED BY SCHIFFNER, SECONDED BY METZE TO ADOPT ORDINANCE NO. 1064 UPON SECOND READING BY TITLE ONLY. PAGE ELEVEN - CITY COUNCIL MINUTES - MAY 99 2000 ORDINANCE NO. 1064 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING EXISTING CHPATER 9.64 ( FORTUNETELLING) OF THE LAKE ELSINORE MUNICIPAL CODE IN ITS ENTIRETY AND ADDING A NEW CHAPTER 9.64 ( FORTUNETELLING) AND AMENDING CHAPTER 17.48 TO ALLOW FORTUNETELLING AS A PERMITTED USE IN THE C -2 GENERAL COMMERCIAL ZONE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Mayor's Advisory Committee For Palm Tree Preservation - Final Recommendations to City Council. (F:157.1) City Manager Watenpaugh explained the formation of the Palm Tree Committee, and noted that the members were present at this meeting and complimented them on a job well done. Palm Tree Committee Chairman La Pere, as Chairman, expressed his gratitude to the other members and the community for their participation in the democratic process, noting that this is sometimes taken for granted in the United States. He thanked the City Council for their positive and constructive approach to the issue. He presented the Mayor and City Council with individual mementos of the process they have undertaken. He also thanked and presented mementos to Robert Lopez and Dave Simmons from the Edison Company for their assistance. He then thanked and presented mementos for City Manager Watenpaugh and Community Services Director Sapp for their thorough services and time spent with the committee on weekends. He then commended the City Council on their selection of the Committee members and presented mementos to the other members of the Committee and expressed his appreciation to them for their assistance. Mayor Brinley thanked Chairman La Pere for his leadership of the Palm Tree Committee and praised his service to the community. She then recognized the other committee members, Fred Dominguez, John Gonzales, Tim Fleming and George Rivera, individually, noted their service to the community and presented them with Certificates of Appreciation. PAGE TWELVE - CITY COUNCIL MINUTES - MAY 99 2000 Chairman La Pere presented the Committee's final recommendations as listed in the agenda item. Roger Grace, 40120 Palm Drive, expressed sadness and disappointment that trees will be relocated from the Country Club Heights area. He noted the past vision for the area and expressed sadness with the loss of the light posts and trees over the past few years. He expressed hopes for future consideration of the historical nature of the area. He suggested the need for compensation of the losses to the area and noted the offsets required in the construction industry for such a loss. Councilwoman Kelley thanked the Committee for their hard work and sacrifice to address and review the trees. She addressed Mr. Grace and noted that a policy was adopted to regulate palm tree removal, and the Committee was a means to respond to the public outcry. She suggested that Mr. Grace speak with the Committee members to gain insight into the reasons for the decisions they made. She indicated that the Council was very concerned with the palm trees and had gone overboard to address those concerns. She thanked the Committee for their services and indicated that she had no problem with the final recommendations. She noted that the verbiage should probably request that we ask Caltrans and the County to remove the palms, but suggested it probably wasn't possible to mandate that they do so. She noted that recommendation #3 could be addressed by Code Enforcement. She indicated that with regard to recommendation #4, this Committee was formed to address a specific task and that task was complete at this time; so it would be at the discretion of the Mayor to reform it to address future issues. Councilman Metze concurred with Councilwoman Kelley; and suggested that recommendation #4 could not officially be accepted as written, however if the issue comes up again he would see her reactivating the same group. Chairman La Pere clarified that the intent was to let the Council know that they were all willing to serve again if needed. Councilman Metze commented that it was a tribute to the community, how this group came together and worked out the issues. He thanked the Committee for their efforts and for the trophy. Councilman Schiffner thanked the Committee for their efforts and noted the thorough consideration given to this issue. He also expressed appreciation to staff for their efforts, and recommendations which was very close to those of the Committee. He expressed pride in everyone who worked on it, and sorrow that everyone could not be satisfied with that process. He indicated that he was very pleased with the outcome of the Committee and concurred that this group might be called upon again in the future. Mayor Pro Tem Pape echoed the thanks to the Committee and expressed surprise with the trophy. He noted for the viewing public and the press that there would now be a few trees moved and stressed that several dozen trees would be moved from the power lines. He stressed that they will be moved r.. PAGE THIRTEEN - CITY COUNCIL MINUTES - MAY 99 2000 to public property and remain in public view; and noted that people should not be surprised when the trees are moved. He reiterated that the trees would have otherwise been killed by trimming. He indicated that it was great to see everyone working together for such a good conclusion. Mayor Brinley offered personal thanks to Mr. La Pere and the Committee and noted that the Chairman's job was not an easy task. She noted the previous study sessions and town hall meeting and stressed that the Council was sensitive to the community concerns. She commented that the Committee did a good job of addressing those concerns and faced with a similar situation she would not hesitate to call on them again. She noted that this Committee had set a precedent for the community and established the guidelines for a successful Committee. She excused the Committee from their responsibilities and expressed hopes of seeing them serve on a City Committee again. MOVED BY METZE, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO APPROVE RECOMMENDATIONS 1 THRU 39 WITH MODIFICATIONS AS FOLLOW: Authorize staff to request that Caltrans to remove dead palm trunks as listed - Phase III list. ( #2, #3) 2. Authorize staff to request that the County of Riverside remove dead palm trunks as listed on Phase III list. ( #4) 3. Authorize staff to notify the private property owner at the corner of Lakeshore and Jernigan to clean the lot as it is a health and safety issue and propose donation of the three Canary Island Date Palms to the City. ITEMS PULLED FROM THE CONSENT CALENDAR 4. Final Approval of Parcel Map 29325. (F:110.2) Community Development Director Brady provided a brief history of this item and overview of the project. He noted that this approval would include about 148,981 square feet of new industrial space. Chris Hyland, 15191 Wavecrest Drive questioned what this project was proposing. Community Development Director Brady clarified that this item was a Tentative Parcel Map, fully bonded for public improvements on ten acres along Collier between Riverside and Central. It would include ten industrial buildings. Mrs. Hyland suggested the inclusion of more extensive information on the Agenda cover sheet. Mayor Brinley indicated that her suggestion was duly PAGE FOURTEEN - CITY COUNCIL MINUTES - MAY 99 2000 noted. Councilwoman Kelley commented that it was wonderful to have this new industrial project in the community. MOVED BY METZE, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE FINAL MAP, SUBJECT TO THE CITY ENGINEER'S ACCEPTANCE AS BEING TRUE AND CORRECT AND ACCEPT ALL DEDICATIONS AT TIME OF RECORDATION; AUTHORIZED THE CITY CLERK TO SIGN THE MAP AND ARRANGE FOR THE RECORDATTON; AUTHORIZED THE CITY CLERK TO SIGN AND OBTAIN THE SIGNATURE OF THE MAYOR ON THE AGREEMENT FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS; AND AUTHORIZED THE CITY CLERK TO SIGN AND OBTAIN THE SIGNATURE OF THE MAYOR ON THE INDEMNIFICATION AGREEMENT IN REGARD TO THE RETENTION AND CONTROL OF STORM WATER RUNOFF ASSOCIATED WITH THIS DEVELOPMENT. Councilman Schiffner noted the location and indicated that there is already one building on the property. He also noted that the agenda information would soon be available via the Internet from the City's new website. CR &R Inc. Annual Consumer Price Index (CPI) Increase For Refuse Collection. (F:68.1)(X:163.1) City Manager Watenpaugh noted this item was for the annual contract review for the waste and trash hauler. He explained that this consideration was required by the contract. He advised that the increase is based on the CPI and is a thirty cent increase in the monthly rate, based on the 2.3% CPI. Chris Hyland, 15191 Wavecrest Drive, noted that this is one of her pet peeve's, like the Lighting and Landscape Maintenance District. She indicated that she called some other cities and they have a 7% revenue to the City. She stated that she had no qualms with the company and had talked with Mr. Fahrion. She expressed concern that the City of Lake Elsinore receives 20% revenue from the contract. She questioned where the additional dollars were going. She suggested that the Community needed an explanation. City Manager Watenpaugh noted that when this fee was reviewed a few years ago it was raised from 10% to 20 %. He indicated that the money goes into the general fund for expenditures including streets and other items. Mayor Pro Tern Pape reiterated that this was a contract obligation. Councilwoman Kelley concurred that this consideration was set by the contract and the increase was only for the CPI. PAGE FIFTEEN - CITY COUNCIL MINUTES - MAY 99 2000 MOVED BY PAPE, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE APPLICATION OF NEW RATES FOR REFUSE PICK -UP, RECYCLING AND DISPOSAL (IN ACCORDANCE WITH THE CITY'S CONTRACT WITH CR &R), EFFECTIVE JULY 19 2000. 7. Applications for Planning Commission. (17:60.2) City Manager Watenpaugh commented that this was a standard policy item and noted that there were three vacant seats on the Planning Commission. He explained the procedure of advertisement and posting of the vacancies. He indicated that the Council would then appoint a sub - committee to recommend appointments subject to the approval of the balance of the City Council. Mayor Brinley noted that the sub - committee should include the Mayor and Planning Commission Chairman. Councilman Metze requested to be included on the committee to interview the applicants. Mayor Brinley noted that the seats of John Barnes, Ericka Matthies and James Sands were becoming vacant. She encouraged the current commissioners as well as other residents to apply. Mayor Pro Tern Pape noted that some of his concerns had already been addressed; and concurred that it was important to establish a committee for interviews to make the recommendations, and making the public aware of the fact that applications were being solicited. He noted the high rate of development in the community and stressed the decisions the Planning Commission would need to make. He suggested that it might be appropriate to look at reviewing all five positions to insure that the best people are serving on the Commission. Mayor Brinley commented that the current Commission is good and she saw no need for a full review at this time. She stressed that the Planning Commission is the nuts and bolts of the City. She noted her past service on the Commission and stressed the good background they have on the direction of the City. She stressed the benefits of good cooperation between the Council and the Commission. She encouraged interested parties to step forward and apply for consideration. She noted that the applications would be available at City Hall during regular business hours, and following the application period the City Clerk would be contacting the applicants for interviews. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE SUB - COMMITTEE OF COUNCILMAN METZE, MAYOR BRINLEY AND PLANNING COMMISSION CHAIRMAN WILSEY AND AUTHORIZE THE CITY CLERK TO ADVERTISE FOR APPLICATIONS. PAGE SIXTEEN - CITY COUNCIL MINUTES - MAY 99 2000 PUBLIC COMMENTS - NON - AGENDIZED ITEMS Barbara Cady, 32524 Wildomar Road, announced the Friends of the Library meeting to be held on May 1 Ph with Supervisor Buster as a speaker. She further announced that there would be a book sale May 20'x' from 9 a.m. to 3 p.m.; and noted that there was a lot of new material coming in for the sale including the donation of 180 videos. She noted that the Friends of the Library now have a web site provided by Jack McColley, at www.lelibraryfriends.org. Debra Crawford, 15135 Knollwood Street, President of Elsinore Valley Arts Network, read a poem called "I Am the Rose ", one of the honorees from last year's Young Poets' contest; and noted that it was an elementary student entry. She advised that the 126 entries for this year were now in the hands of the judges; and encouraged everyone to attend the awards ceremony on May 22nd at the Cultural Center. She advised that it would be a free evening of awards and poetry and offered her phone number for more information (678 - 5924). Bill Tucker, 740 Acacia Street, thanked Tom Buckley of the Press Enterprise and the "Whiskers Committee" for their assistance. He noted the great stories written by Mr. Buckley, and expressed hopes that Whiskers wouldn't be caught. He announced that the Press Enterprise would be sponsoring a coloring contest and there would be weekly prizes which have been donated for the campaign. Pete Champagne; 46390 Stevens Street, noted that Stevens Street is finally paved and thanked the Council for this improvement. She noted the prior mention of a skating park and suggested using the former K -Mart building; and suggested it would be cheaper to buy that building than to build a new facility. Chris Hyland, 15191 Wavecrest Drive, advised the public how wonderful the group is that is circulating the Initiative petition. She noted that Sam Pratt in Temecula and a group in Murrieta are starting similar efforts. She noted that the group was getting a lot of signatures and were very upbeat. She stated that they could use more assistance and could call her for a contact. She requested that everyone get out and help. She suggested that everyone sign the initiative petitions. George Alongi, 649 Mill Street, thanked the Sheriffs Department for their efforts to clean up Main Street. He also thanked Community Development Director Brady for assistance with barricades on Main Street. He then thanked City Manager Watenpaugh for his efforts. He suggested that Glo -fire should be shut down, noting that they were removing parts of the building at 1 a.m. He stressed the ongoing violations with the building over the past 15 years. He noted that the wall fell down last year, but the Community continues to tolerate noise, speakers, loud radios, swearing, etc. He further noted that four property owners on Main Street are pledging some expensive development and improvements. He suggested that the City has torn down peoples' homes for less violations; and it is time to give them a time schedule for action. He stressed the impacts of noise, dust, etc. from Glo -fire. Tim Crawford, 15135 Knollwood Street, indicated that he was present because as PAGE SEVENTEEN - CITY COUNCIL MINUTES - MAY 99 2000 an individual, he wanted to say that for him it would be a great pleasure if people would work together to bring about positive changes as opposed to needless harassment, half trues and not doing full investigations. He indicated that Ms. Hyland presented a good question about waste collection, but it sounds like it should have been asked years ago. He suggested making sure information is correct before making accusations and doing name calling. He indicated that he has not had any problems getting answers from the City or the Council, but mud- slinging only causes the expenditure of extra time to put out fires. He supported active participation in the City to bring positive improvements, but suggested leaving room for mistakes or wrong decisions, that are inevitable. He noted that everyone will never completely agree, but reminded the community that they put their faith in the current elected officials to do the best they can do. He expressed concern for people embarrassing themselves at the public podium and stressed the importance of remaining positive. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Noted that the Main Street Project is a joint project between the City and Water District. He further noted that the project will cause a few circulation problems, due to extensive trenching and detours during construction. He indicated that signage will be placed to address the project, which will run through mid - September. He further indicated that the most drastic construction phase is being done right now for removal of old road and replacement of utilities. He detailed the overall project improvements, and noted that it took longer than anticipated due to the coordination required between agencies. 2) Noted the Proposition 13 funding from the water bond for the watershed area and indicated that the JPA met on May 4th with four members present. He further indicated that they agreed to each fund $12,500 pending board approval, for administration costs and legal fees between now and August or September when the bond money is available. He explained that the JPA was moving forward with the CEQA requirements to ensure timely action on projects. 3) Announced "Know Your City Week" events for the period from May 22 through May 25. He advised that Monday would be Student Government Day; Tuesday, the Student Government Day participants will participate in the City Council Meeting; Thursday will be the first Budget Study Session at 10:30 a.m.; and the City will host the Chamber Mixer at City Hall on Thursday evening. He noted that the Mixer will be open to everyone with City Hall open and staff present to answer questions. 4) Announced that palm trees will start being placed in the Railroad Canyon project on May 15', but clarified that the trees will not come from those designated for removal. He indicated that the contractor PAGE EIGHTEEN - CITY COUNCIL MINUTES - MAY % 2000 will be purchasing the trees for the project. He noted that staff was in the process of tagging the palm trees for removal in compliance with City policy; with each tree being identified, photographed and tracked as to where they are placed. He clarified that none will be moved until the Temporary Restraining Order is lifted; noting that the filing has been made with the court, but it is pending the Judge signing off on it. He praised the Mayor's Advisory Committee for their efforts. 5) Confirmed that Mr. Alongi had been to City Hall regarding the Glo- fire building, they are in the abatement process and required to bring forward plans and schedules. He offered to answer any questions regarding the legal time frames. CITY ATTORNEY COMMENTS City Attorney Leibold announced the Closed Session item as listed below. COMMITTEE REPORTS No Reports. CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: 1) Noted that she attended the National Day of Prayer event last week; and indicated that it was a nice event and very well attended. She advised that they presented the City with a proclamation and staff was presently looking for the proper place to display it. 2) Advised that the skateboard park was still moving forward and the City already owns the property where they would like to place it. She indicated that the K -Mart building would be too expensive and too large. She noted that staff was working on setting up the next meeting with the Committee to look at conceptual drawings. 3) Reminded the public of the concert series in the Park concluding with the presentation by the philharmonic. Mayor Pro Tern Pape commented on the following: 1) Noted the Railroad Canyon Median Project landscaping would take about 30 days to complete. 2) Noted that the 4' quarter Sales Tax revenues are up again, approximately 7 %. He further noted that he would expect an increase in the next quarter with the Ford Dealership operational and doing well. PAGE NINETEEN - CITY COUNCIL MINUTES - MAY 9, 2000 3) Encouraged the City to persuade the JPA that all four agencies should participate in administrative fees. He stressed the need for immediate funding for the EIR to ensure in -lake testing this summer. He suggested that July 1" would be too late and a whole year would be lost. Councilman Schiffner commented on the following: 1) Responded to Mr. Alongi on his comments and noted that he had become aware of the problems and responsibilities of the RDA. He promised that as Chairman, he would do all he could to bring about the improvements the RDA was established to provide. He noted that he would not anticipate any disagreement from the other Councilmembers, but stressed that projects would be based on the availability of funds. He suggested it was not helpful to hash over the past, but he would do everything possible to bring the Agency out of it. 2) Indicated that with regard to Glo -fire, he was prepared to request a report on the matter, but the City Manager had already provided an update. He requested further reports as the work continues. Mayor Brinley commented on the following: 1) Responded to questions about the JPA, and noted that the discussions were moving along well. She noted that they met at City Hall, and agreed with funding as proposed, but could not vote on the whole budget until the various parties ratify the funding. She further noted that regarding monitoring and testing, there was a Firm that was going to start the work for the City at no up -front expense. Mr. Watenpaugh explained the proposed assistance, which was being provided in collaboration with Lake Operations Manager Kilroy and the technical committee. She noted that the group was complimented by the State, for being so ready to qualify for the funding. She reiterated that the actual funding was not anticipated until the fall. 2) Announced the following events. May 27 - Classic Car Show - Downtown. June 3 - Kids "Where's Whiskers" fishing derby June 3 - Mini -Grand Prix at the Diamond Stadium June 4 - Open Air Market - Downtown 3) Noted that the League of California Cities has chosen the City for a Helen Putnam award, and got an Honorable Mention for the Crime Free Multi- Housing Program. She thanked Lt. Horton for his part in preparing the application package. PAGE TWENTY - CITY COUNCIL MINUTES - MAY 99 2000 4) Announced that there would be a Crime Free Multi - Housing Meeting later this month or early June. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 (1 case) THE CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 8:37 PM. THE CITY COUNCIL MEETING RECONVENED AT 9:25 P.M. WITH NO REPORTABLE ACTION. ADJOURNMENT MOVED BY PAPE, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:26 P.M. i.ica Li�ai a.li a , irlti 1 v CITY OF LA ELSINORE AT EST: X, �' I VICKI KASAD, CMC, CITY CLERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 239 2000 CALL TO ORDER The Regular City Council Meeting was called to order by Student Mayor Ashley Darby at 7:05 p.m. PLEDGE OF ALLEGIANCE Student Mayor Ashley Darby led the Pledge of Allegiance. INVOCATION Pastor Rivera, representing Pressing on Faith Ministries provided the Invocation. ROLL CALL PRESENT: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Police Chief Walsh, Fire Chief Seabert, Information/Communications Manager Dennis, City Engineer O'Donnell, City Treasurer Ferro and Deputy City Clerk Bryning. PRESENTATIONS a. Report on Students in Government Day.(F:142.3) Student Mayor Ashley Darby presented a brief introduction to Students in Government Day and had each student introduce themselves. She then called for a report from each member present. Student City Attorney Tinisa Erickson gave a brief overview of her experience and noted that she shadowed Deputy City Attorney Mann for the Day and learned the legality of the actions of the City. PAGE TWO — CITY COUNCIL MINUTES — MAY 257 2000 Student Councilwoman Brianna Barker stated that she shadowed Councilman Schiffner and noted that they were introduced to items the City Council considers and how they made decisions. She noted the amount of input that is necessary to make decisions. She stated that she had a very good time. Student Councilwoman Tabitha Reyes stated that she shadowed Councilman Schiffner and gave an overview of the different departments and the jobs that they perform. She commented on the Mock Council Meeting that they held and noted that this was her fourth year to participate in Student Government Day. She stated that it gets better and she learns more each year that she participates. Student Mayor Pro Tem Amie Symatera stated that she shadowed Mayor Pro Tem Pape and explained that she was introduced to the different departments in City Hall and how they function. She noted the Mock City Council Meeting and the responsibilities of making decisions as a Councilmember. Student Mayor Pro Tem Pilar Villasenor stated that she shadowed Mayor Pro Tem Pape and stated that it had created a very memorable experience for her. She noted that she learned the role the City Council plays in Government and how the different departments in the City function. She stated that it was very interesting and she gained valuable information. Student Mayor Ashley Darby noted the amount of fun that she had shadowing Mayor Brinley. She stated that they visited all the departments in City Hall and were able to have dialog with several of the people in each department. She noted that following the tour the entire group returned to the Cultural Center for the Mock City Council Meeting and gave an overview of her actions during that Meeting. She stated that it was a good experience and tested her leadership skills. She further stated that someday she hoped to enter politics and she asked that Mayor Brinley be her campaign chairman when the time comes. Student Mayor Ashley Darby then returned the City Council Meeting to Mayor Brinley. Mayor Brinley commented on the good job done by all the students at Students in Government Day and noted how enjoyable it was to introduce the students to their local Government. She commended Ashley Darby for doing a good job as Student Mayor. PAGE THREE — CITY COUNCIL MINUTES — MAY 259 2000 b. Presentation — Know Your City Week.(F:48.1) Information/Communications Manager Dennis explained that "Know Your City Week" was a public awareness campaign to promote citizenship, encourage volunteerism and demonstrate how Municipal Government is getting the job done. He noted the functions of the City and how it impacts the residents, and further explained that the long range goal of the "Know Your City Week ". He noted that the purpose was to extend communication and outreach efforts thoughout the year through Citizens Advisory Committees; Newsletters and Public Notices; Marketing Materials; Town Hall Meetings; and a Web Site. He noted the amount of time that the residents of the City of Lake Elsinore volunteer and stated that the City was truly rich in volunteerism. He noted the upcoming Budget Study Session on May 25, 2000 at the Cultural Center, starting at 10:00 a.m., which is open to the public. He further announced that the City is cosponsoring an Open House and Business reception on May 25th at City Hall, 5:30 p.m. to 7:30 p.m. He noted that there will be a small cover charge of $5.00 and he encouraged the residents to come and meet the staff at City Hall and take the opportunity to find out what they do and get some of your questions answered. Mayor Brinley stated that after the Agenda was posted it came to staff's attention that there was an item that needed immediate attention by the Council. Mayor Brinley proposed that the item be addressed as Agenda Item Number 32 — Resolution Approving the Application for Funds Through Senate Bill 332 from the California Department of Conservation. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADD "RESOLUTION APPROVING THE APPLICATION FOR FUNDS THROUGH SENATE BILL 332 FROM THE CALIFORNIA DEPARTMENT OF CONSERVATION ", AS ITEM NUMBER 32 IN THE BUSINESS SECTION OF THE AGENDA. PUBLIC COMMENTS - AGENDIZED ITEMS None requested. CONSENT CALENDAR ITEMS MOVED BY PAPE, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Regular City Council Meeting - May 9, 2000.(F:44.4) PAGE FOUR — CITY COUNCIL MINUTES — MAY 239 2000 The following Minutes were received and ordered filed: a. Planning Commission Meeting - May 3, 2000.(F:60.3) b. Design Review Committee Meeting - May 3, 2000.(F:60.4) 2. Ratified Warrant List for May 15, 2000.(F:12.3) 3. Approved amendment to the Agreement for Professional Services with Psomas & Associates.(F:68.1) PUBLIC HEARING 21. Vesting Tentative Tract Map No. 23848 -14, Amendment No. 1, "Cottonwood Hills Specific Plan", Pardee Construction Company. (F:160.2) (X:150.2) MOVED BY PAPE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO CONTINUE INDEFINITELY THE VESTING OF TENTATIVE TRACT MAP NO. 23848-149 AMENDMENT NO.19 "COTTONWOOD HILLS SPECIFIC PLAN ", PARDEE CONSTRUCTION COMPANY. 22. Vesting Tentative Tract Man 23848 -5, Amendment No. 1 "Cottonwood Hills Specific Plan" — Pardee Construction Company. (F:160.2) (X:150.2) Community Development Director Brady presented an overview of the project and stated that the proposed project is located off of Railroad Canyon Road at Cottonwood Hills. He noted that the item before Council was an amendment to the original subdivision and includes a fifty -three lot subdivision for single - family residential uses with three lettered lots designated as: (Lot A) HOA Lot, 1.2 acres; (Lot B) Recreation Lot Neighborhood Park, 7.0 acres; and (Lot C) Recreation Lot HOA 2.2 acres. He explained that the lots range in size from 5,500 s.f. to 12,039 s.f., with the average lot size at 5,791 s.f. He stated that the item was before Planning Commission on April 19, 2000, and approved with Conditions of Approval and Findings. Community Development Director Brady noted that staff recommended approval of Vesting Tentative Tract Map No. 23848 -5, Amendment No. 1 "Cottonwood Hills Specific Plan" Pardee Construction Company based on the findings and subject to the revised Conditions of Approval. Mayor Brinley opened the public hearing at 7:20 p.m., asking those persons interested in this item to speak. The following person spoke: Jim Stringer, Project Manager for Pardee Construction Company, spoke in favor of the project and stated that they concurred with all of the Conditions of Approval. PAGE FIVE - CITY COUNCIL MINUTES - MAY 239 2000 Dan Uhlry, 150 E. Lakeshore Drive, stated that he had no problem with the project, but he did have questions. He asked who would be maintaining the HOA Parks and the larger park; and questioned the access to the parks, as well as maintenance. Hearing no additional requests to speak, the public hearing was closed at 7:23 p.m. City Manager Watenpaugh stated that the parks have not been designed yet, however the parks owned by the Homeowners Association will be private parks and the 7.7 acre park will belong to the City. Councilwoman Kelley stated that she had no problems with the proj ect. Mayor Pro Tern Pape stated that there was a need for tennis and basketball courts and he would like to see more of that addressed as new parks are designed and brought on line. Councilman Schiffner questioned the improvements of the park and the maintenance issues. Community Development Director Brady stated that the park would be maintained by the City, either from the General Fund or a special assessment. He noted that the parks have not been designed, since this issue is vesting a Tentative Tract Map. City Manager Watenpaugh stated that Pardee has a Development Agreement with the City and parks are addressed in the Agreement. Mayor Brinley concurred with the other Councilmembers and stated that this was a good project. She noted the number of conditions that the project has and further noted the importance of the parks. MOVED BY SCHIFFNER, SECONDED BY PAPE TO APPROVE TENTATIVE TRACT MAP NO. 23848-5, AMENDMENT NO. 1 BASED ON THE FINDINGS AND CONDITIONS OF APPROVAL AS FOLLOWS: Councilman Metze stated that he concurred with Mayor Pro Tern Pape regarding the uses in the parks. He noted that there are very few parks that have basketball hoops and tennis courts and he felt that this was important to address. City Manager Watenpaugh stated that the Master Plan of Parks would address basketball and tennis courts in future neighborhood parks. THE FOREGOING MOTION WAS APPROVED BY UNANIMOUS VOTE. PAGE SIX - CITY COUNCIL MINUTES - MAY 239 2000 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the General Plan, the Cottonwood Hills Specific Plan, and the approved Development Agreement at the time of its approval and adoption. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan and the Cottonwood Hills Specific Plan at the time of its approval and adoption. 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 opportunities in the subdivision. PLANNING DIVISION 1. Vesting Tentative Tract Map No. 23848 -5, Amendment No. 1 will expire two (2) years from date of approval unless within that period of time a final map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2. Vesting Tentative Tract Map No. 23848 -5, Amendment No. 1 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by. approved Conditions of Approval. 3. Vesting Tentative Tract Map No. 23848 -5, Amendment No. 1 shall be subject to all other applicable Conditions of Approval of VTTM No. 23848. 4. 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 Vesting Tentative Tract Map No. 23848 -5, Amendment No. 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, PAGE SEVEN CITY COUNCIL MINUTES - MAY 239 2000 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. 5. A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 6. The City's Noise Ordinance must be met during all site preparation activity. Street names within the subdivision shall be approved by the Community Development Director or Designee prior to final map approval. Applicant shall bond for all public improvements and grading for subject development as required by the City Engineer. a) Bonding shall be done by phases and not by final maps(s) on grading. b)Bonding shall be done by final map(s) for all other improvements. 9. Pay all applicable fees including park fees as stated in the development agreement prior to issuance of building permits. 10. Prior to final map approval of Vesting Tentative Tract Map No. 23848 -5, Amendment No. 1, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. 11. Prior to Final Tract Map approval, provide drainage acceptance letters from adjacent property owners to be approved by the City Engineer and City Attorney and recorded. 12. All of the improvements shall be designed by developer's Civil Engineer to the specifications of the City of Lake Elsinore. 13. Comply with all conditions of the Riverside County Fire Department. 14. Applicant must meet 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. PAGE EIGHT - CITY COUNCIL MINUTES MAY 239 2000 16. 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 association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 17. Meet all requirements of the providing electric utility company. 18. Meet all requirements of the providing gas utility company. 19. Meet all requirements of the providing telephone utility company. 20. All trailers used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. 21. A Homeowners Association shall be established. It shall manage and impose fees to maintain all slopes or common areas, open space, private drainage facilities, firebreaks, habitat areas, private recreational facilities and grounds, private streets and any other common amenities. This association shall be established subject to current State laws and be subject to the approval of the City Attorney and Community Development Director who shall review all CC & R's and rules for their adequacy and completeness. The City Attorney shall review CC & R's, homeowners association documents and all documents to convey title to the homeowners association. 22. Subdivider shall record CC & R's for the project prohibiting on- street storage of boats, motor homes, trailers and trucks over one (1) ton capacity. It shall also record a reciprocal parking and access agreement in favor of all lots within the subdivision. CC & R's shall be subject to the approval of the Community Development Director, or his designee, prior to recordation of any deeds or final map. CC& R's shall be recorded prior to issuance of any Certificate of Occupancy for the units when developed in the future. 23. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate Grading City permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty -feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 24. All development associated with this map requires separate Design Review approval. PAGE NINE - CITY COUNCIL MINUTES - MAY 239 2000 25. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 26. All project mitigation measures, listed within the certified EIR for the project, shall be incorporated into project design and development. 27. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. ENGINEERING DIVISION 28. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 29. Vesting Tentative Tract Map No. 23848 -5, Amendment No. 1 shall be subject to all applicable conditions of approval of Vesting Tentative Tract Map No. 23848 (Cottonwood Hills Development). 30. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). 31. 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. 32. Lettered lots for the park, recreation center and slope easements should be designated with the letters A, B or C. 33. 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). 34. 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). 35. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 36. The desirable design grade for local streets should be 9 %. The maximum grade of 15% should only be used because of design constraints. PAGE TEN - CITY COUNCIL MINUTES - MAY 239 2000 37. 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). 38. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 'V" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 39. Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval. 40. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 41. Provide fire protection facilities as required in writing by Riverside County Fire. 42. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 43. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 44. 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. 45. 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. 46. All utilities except electrical over 12 kV shall be placed underground, as approved by the serving utility. 4T If grading exceeds 50 cubic yards, grading plans shall be prepared by a California 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. 48. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. PAGE ELEVEN - CITY COUNCIL MINUTES - MAY 239 2000 49. 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. 50. 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. 51. 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 ". 52. 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. 53. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 54. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 55. 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. 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. The slope easements to be maintained by the HOA, needs to be well defined on the final map. 58. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run -off on private property. 59. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed consistent with the approved Development Agreement. PAGE TWELVE - CITY COUNCIL MINUTES - MAY 239 2000 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 landscaping, the application of herbicides, pesticides and fertilizers. 61. 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. 62. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 63. Local streets shall have a minimum of a sixty (60) ft. right -of -way with forty- (40) ft. curb -to -curb. Restricted local streets (cul -de -sacs) shall have a minimum of a fifty- six(56) ft. right -of -way with thirty -six (36) ft. curb -to -curb, excluding Hollyhock Street. As approved in the Specific Plan by City Council. 64. Cottonwood Hills Road from Railroad Canyon Road to Lost Road and Lost Road south of Cottonwood Hills Road shall be 44y improved as each phase is constructed as specified in the letter of March 30, 1999 from Project Design Consultants. PA 7 and PA 8 (Tract 23848 -5, Amend No. 1) shall be constructed in phase 4. 65. No residential lot shall front and access shall be restricted on Lost Road and so noted on the final map. 66. Applicant shall provide a homeowner's association with CC & R's for maintenance of the slope easements. 67. The developer shall comply with a Cultural Resources Mitigation Program prior to final map approval or grading permit (whichever occurs first). The program shall be based on site evaluations by qualified archaeologists and historians to establish significance of each site and a detailed plan for appropriate mitigation, subject to the approval of the Community Development Director. Compensation for disturbances to cultural resources shall be provided by a program to recover information from sites that shall be monitored by archaeologists where required by the EIR. In the event significant historic material is discovered, it shall be removed before grading occurs. PAGE THIRTEEN - CITY COUNCIL MINUTES - MAY 239 2000 68. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant should contract with CR &R Inc. for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR &R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR &R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weighmaster tickets. 69. Developer shall install one benchmark in accordance with Riverside County Standards and at a location to be determined by the City Engineer. BUSINESS ITEMS 31. Lake Elsinore & San Jacinto Watershed Authority.(F:92.6) City Manager Watenpaugh explained that the item being addressed was a request from the Joint Powers Authority, which consists of the City, Elsinore Valley Municipal Water District, Santa Ana Watershed Project Authority and the City of Canyon Lake. He further explained that there are two other entities that have not ratified their membership, being the County of Riverside and the Flood Control District. He noted that at the last meeting of the JPA, the Authority has requested advanced funding of $12,500 from each agency for administrative and legal costs prior to July 1, 2000. He further noted that the Authority would reevaluate projects and the start up costs at the next meeting when Riverside County and the Flood Control District are present. He stated that the money would not be reimbursable. He noted that the money from the Bonds would not be available prior to July 1, 2000. He noted that the initial request was for $37,500 per agency to fund administration, TMDA monitoring and limnocosm testing, however it was decided to request the,$12,500 for administrative costs and consideration be given for further funding on June 1, when the other two agencies are on board. Mayor Brinley commented that Lake Operations Manager Kilroy was the Chairman of the Technical Advisory Committee. Mayor Pro Tern Pape asked what an EIR would cost. City Manager Watenpaugh stated that a Blanket EIR would cost approximately $30,000 and the proposal for the limnocosm testing was $40,000. He gave an overview of the way that the limnocosm testing was done. Mayor Pro Tern Pape asked when the Lake should be tested. City Manager Watenpaugh stated that the funds must be allocated by mid- PAGE FOURTEEN - CITY COUNCIL MINUTES - MAY 239 2000 July in order to get the testing done this summer during the critical period, otherwise the tests will have to wait until next summer for another critical period. Mayor Pro Tem Pape asked if the City would be able to achieve the stated timeline by July 1. City Manager Watenpaugh stated that Lake Operations Manager Kilroy has informed him that the supplies necessary to run the tests are readily available and all that was needed was the authorization and funding to start the process. Mayor Pro Tem Pape stated that Mr. Kilroy will not do the testing, and questioned if it would be contracted with UCR to do the testing. City Manager Watenpaugh stated that was what has been discussed, however it has not been finalized with the JPA. Mayor Pro Tem Pape asked when the JPA would meet. City Manager Watenpaugh stated that their next meeting will be on June 1, 2000 at 2:00 p.m. and they meet each month. Mayor Pro Tem Pape stated that if the JPA does not approve the testing on June 1, then a window would be missed. He asked if the EIR needs to be complete prior to removing the fish, doing an alum treatment in the Lake or doing aeration. City Manager Watenpaugh stated that after his meetings in Sacramento, he understands that no project would start until July 1, 2000, until the studies and testing have been done. He stated that Sacramento would not authorize funding of any projects until the testing was complete. Mayor Brinley noted that the City has already started the process of the EIR and the City is ahead of the game. City Manager Watenpaugh stated that the City has already started the paperwork to apply for funds since it is a 60 to 90 day process. He explained that the resource agencies that he spoke to were very supportive and excited to see the Lake and watershed become cleaner since it provides for better habitats and fisheries. Mayor Pro Tem Pape stated that the City was looking at some really tight time schedules and if the tests are not done this summer, then the City will miss the window and it will be a year until major projects can be accomplished. He further stated that he is in favor of the $12,500 and he would also like to see Council approve the City's share for the EIR and limnocosm testing in the amount of $37,500, so that the item does not have to come back before Council. He noted that this might be encouragement for the JPA at their meeting of June 1, 2000, to do the same to get the ball rolling. He commented that all the agencies involved in the JPA should pay the same amounts and not get to pick and choose what they want to participate in. Mayor Brinley stated at the last meeting regarding this issue Lake Operations Officer Kilroy informed Council that the biological clock was ticking, however if the different agencies could approve the administrative costs, then they could get the ball rolling, however if PAGE FIFTEEN CITY COUNCIL MINUTES - MAY 239 2000 Council wished to approve the other funding, then it would give her the opportunity to show the JPA that the City is committed and has taken action. Councilman Metze stated that he was disappointed that the EIR and testing were not presented on the Agenda, as well as the amount for administrative fees. He further stated that if the other agencies are not willing to work at moving forward and spending the money then they should just drop out. He concurred with Mayor Pro Tern Pape that this project should be moving forward right now and should not wait. He stated that picking and choosing was not going to accomplish anything. He explained that everyone needs to move forward at the same time. City Manager Watenpaugh stated that the City is only one entity of the JPA and the Council can approve other funding, however the other members have to make their own decisions. Councilman Metze noted the opportunity to recover some of the money once the Bond kicks in. City Manager Watenpaugh explained that at the JPA meeting it was clearly stated that the money that was spent before July l't is not reimbursable. Councilman Metze stated that even if the City did not get the money back it was a small amount when it could mean a one -year delay. He noted that this issue has waited far to long to guarantee water quality and he felt that Council should move forward as soon as possible. Mayor Brinley explained that the County was aware of the need to expedite the matter as soon as possible. She noted that it was explained to her that the Board of Supervisors has a whole County to consider and it was a struggle to get everything on their agenda, however they are making this issue a priority on their next agenda. She stated that she would be meeting with Supervisor Buster tomorrow morning and hoped to have news for the Council regarding this issue. Councilman Metze asked how EVMWD and SAWPA stand on the issues. Mayor Brinley stated that they are in full support. Councilman Metze stated that the City was waiting on people who were still trying to decide if they want to be a member or not, and there is a pressing need to move forward. Mayor Brinley stated that she would take Council's concerns to the JPA and try to achieve a resolution to all of the concerns. She assured Council that Supervisor Buster was in favor of the project and it was a matter of consideration by their attorney before they could become a part of the JPA. Councilwoman Kelley agreed that the JPA should move forward, however she felt that there should be some caution exercised. She stated that she had no problem with the $12,500, nor did she have a problem with the $37,500, however the money is not reimbursable if PAGE SIXTEEN - CITY COUNCIL MINUTES - MAY 235 2000 spent prior to July 1, and noted that she would rather approve the $12,500 and have the City Attorney's advice us on the $37,500. She stated that she would prefer to approve the expenditures as they are needed, rather than allocate the money prior to the need. City Manager Watenpaugh asked if it was possible to approve the $37,500 and give authorization to the City Manager, City Attorney and Representative to approve the expenditures as needed up to $37,500. City Attorney Leibold stated that the City Council can authorize expenditure up to a set amount and this would eliminate the need to bring it back on the Agenda for approval. She noted that the motion would have to delegate the authority to approve the additional expenditures up to a specified amount and for the specific items. Mayor Pro Tem Pape stated that the Council could approve an amount for the City's share of the EIR and the limnocosm testing and the amount could change depending on who was involved. Councilwoman Kelley stated that the process was just getting off the ground and suggested taking baby steps. She agreed that Council does not want to loose a year, however Council should not try and bully the other parties either. She stated that the Council needs to lay the groundwork and get everyone on the same page. Mayor Brinley stated that at the JPA Meeting, Hope Smythe, representative of the Regional Water Quality Control, informed the Board that they will be working with Lake Operations Manager Kilroy and will also contribute money towards the Lake. She further stated that Mr. Mike Wright explained to the JPA that rather than putting out money at first that cannot be reimbursed, there was a chance that if the money becomes available on July 1st it could cover the necessary testing and projects without costing the different members of the JPA more money. Mayor Pro Tern Pape questioned the timeline for receipt of Bond money. He expressed his concern regarding the need to move forward prior to receipt of the Bond money and not run out of time. He stated that he did not want to see a whole summer lost. City Manager Watenpaugh stated that he would check with Mr. Wright and once the MOU and the Agreement are signed, then from that point, after July 1, the JPA could be reimbursed. He stated that he would verify that information. He further stated that SAWPA and EVMVV D have been very supportive trying to move through this process. He explained PAGE SEVENTEEN - CITY COUNCIL MINUTES - MAY 23, 2000 that Mr. Rossi and Mr. Kilroy are the Technical Committee and they have been trying to push the actions through to get the ball rolling. Mayor Brinley stated that the Technical Committee members know what has to be done right away, therefore they have been working very hard to expedite the issues in regard to the Lake. Councilman Schiffner stated that what was before the Council was the decision to approve the funds requested. He noted the comments regarding the additional funds and further noted that he felt that the Council should go ahead and approve the additional expenditures up to $37,500, knowing that the money cannot be spent unless the other members participate. He stressed that the fact that if the additional funding was approved does not mean that the City has to spend it. He stated that he was in favor of approving the additional $37,500 at this meeting to expedite matters should the other members come on board and approve the funding. He noted that this would also display the City's confidence in the project. Councilman Metze stated that the $37,500 was based on six members and if the number of members changes, the item can be brought back to Council for further approval. He noted Councilwoman Kelley's comments and stated that she favors not approving the additional funds. Councilwoman Kelley stated that she advised moving cautiously to avoid causing the other parties to feel that the City was trying to cut them out. Councilman Metze stated that there was no question what direction the project was going and noted the amount of money that EVMWD and the City have spent on studies. He noted that the three main entities are currently involved are in agreement and he felt that the City should move forward with the additional funding. MOVED BY PAPE, SECONDED BY METZE TO APPROVE THE APPROPRIATION OF $129500 FOR ADMINISTRATION PURPOSES FROM THE CITY'S RESERVES AND AUTHORIZE THE EXPENDITURE OF THE FUNDS FOR START UP CASH FLOW OF THE LAKE ELSINORE AND SAN JACINTO WATERSHED AUTHORITY AS START UP CASH FOR THE PERIOD OF JUNE 1, 2000 TO OCTOBER 1, 2000 AND AN ADDITIONAL $37,500 OR GREATER, DEPENDING ON THE NUMBER OF MEMBERS OF THE AUTHORITY FOR THE CITY'S SHARE OF THE ENVIRONMENTAL IMPACT REPORT AND LIMNOCOSM TESTING. THE APPROPRIATION OF THE FUNDS TO BE APPROVED BY THE CITY MANAGER, CITY ATTORNEY AND REPRESENTATIVE OF THE AUTHORITY. Mayor Pro Tern Pape noted that it is necessary to go forward with the testing and he felt that the City should be prepared to move forward. PAGE EIGHTEEN - CITY COUNCIL MINUTES - MAY 23, 2000 Mayor Brinley clarified that if the other two agencies do not join the Authority, the portion will be divided between the remaining members. Councilman Schiffner stated that the City will have some help either by five or three other members and noted that this is such an important issue that even if the City had to pay for the project itself, it was worth the money. City Manager Watenpaugh stated that he agreed, however he is responsible for worrying about the dollars involved. THE FOREGOING MOTION WAS CARRIED BY UNANIMOUS VOTE. City Attorney Leibold clarified the motion. 32. Resolution approving the application for funds through Senate Bill 332 from the California Department of Conservation.(F:84.9) City Manager Watenpaugh stated that this item was in regard to Senate Bill 332 which is part of the State Bottle Bill and Can Recycling program that has been revised and provides local governments with more than $100 million annually in new recycling funding, and is used for recycling public education and clean -up efforts. He noted the reason for adding this item was because action was necessary prior to the end of the month. He noted that the operating costs for container recycling and litter clean-up program development, implementation and management will be paid for from the $8,564 received from the program. City Manger Watenpaugh stated that staff recommends the adoption of Resolution No. 2000 -13 approving the application for SB 332 funds for the implementation for container recycling and litter clean-up programs. MOVED BY SCHIFFNER, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO APPROVE RESOLUTION NO. 2000-13 AS FOLLOWS: RESOLUTION NO. 2000-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING SENATE BILL 332 - CALIFORNIA DEPARTMENT OF CONSERVATION SUPPLEMENTAL PAYMENTS FOR LITTER/RECYCLING ABATEMENT PROGRAMS. PAGE NINETEEN - CITY COUNCIL MINUTES - MAY 239 2000 THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:58 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:03 P.M. PUBLIC COMMENTS — NON - AGENDIZED ITEMS Tim Crawford, 15135 Knollwood Street, asked where the candidates from the last election were. He asked if they were at home watching and noted that if they think something is wrong, then they should be present and involved. He suggested that those persons that aspire for City Council should be called "Not the Council" and should be in the role of watchdogs. He noted the inaccuracies of the newspapers reporting on the Council Meetings and noted that the public cannot believe everything they read. He noted the people that stand at the podium and pose questions and make accusations, then leave the meeting before they receive a response. He stated that in his opinion they do not care and look just far enough to get some dirt. He stated that if people want to do some mud slinging then they should take a hose and shovel and do it in their own backyards. Mr. Crawford stated that he wants truth; he wants answers; and he wants them to dig them out. He further stated that if the speakers are so much against what is going on, then they should get up to the podium and give their finding. He quoted Thomas Payne and Edmond Burke. He suggested that all the people that ran for City Council and made so many accusations in the last election should address Council, however they should do the proper research and not take items out of context. He further suggested that they not give part of the truth, but rather the whole truth. Dan Uhlry, 150 E. Lakeshore Drive, commended Council and staff for Students In Government Day. He presented an update on the Three Lake Posse, Troop 6, Labor Day Rodeo and stated that they still need vendors and lots of volunteers. He challenged the local Real Estate Agencies to have a cook off at the function. Debra Crawford, President of the Elsinore Valley Arts Network, congratulated the Young Poets of Lake Elsinore. She thanked Mayor Pro Tem. Pape, Mayor Brinley and Councilwoman Kelley for attending the Awards Night. She stated that the Young Poets Awards Night would be televised the first Monday in June. She announced the June Jazz concert would be held on June 17, 2000, from 5:00 p.m. to 9:00 p.m. in City Park. She stated that the fund raising for the summer concerts is underway and encouraged the local business to contact her. She thanked Lake Chevrolet and Near -Cal Corporation for their generous donations. She announced that the EVAN Meetings are held at the Cultural Center the first Thursday of each month at 7:00 p.m. and encouraged everyone to attend. PAGE TWENTY - CITY COUNCIL MINUTES - MAY 23, 2000 Chris Hyland, 15191 Wavecrest Drive, commented on her Granddaughter's educational accomplishments and stated that she is a graduate of Lake Elsinore High School. She commented on Mr. Crawford's statements and noted that she does do her research and does not make any comments unless she has done so. She stated that she has her 1St Amendment rights, the same as every taxpayer in the City. She noted that every person has the right to his or her opinion and to say what he or she wishes. She noted that she has had three lawyers call her to go through her documents because they are getting ready to file lawsuits against the City. She noted that she has tapes of all the Council Meetings since 1992 and she does not say anything without a legal document or tapes to prove what she says. She stated that when Mr. Crawford does the research that she does, then he will have the right to make his statements. She noted that she ran for office and she does not care about the other former candidates. She noted that she is sick and tired of people like Mr. Crawford getting up before the public and making statements that others do not have the right to make statements and express opinions. She stated her lack of faith in the current City Council. Bill Tucker, 740 Acacia, presented "Whiskers" the catfish, and encouraged everyone to visit Lake Elsinore. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: Thanked the School Board, City Council, and staff for Students In Government Day. He noted that it is good to get the students involved and noted the benefit that it provides to the students and the community at large. 2. Stated that staff distributed budgets to the City Council this evening and they are available to the press. He noted that three sections were missing and would be provided tomorrow. Thanked Bill Tucker for presenting "Whiskers ". CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: Thanked the Crawfords for their efforts on behalf of the "Young Poets" and noted the good job that all of the children have done. She noted that the Crawfords would have the winners on display in the back of the Center and invited everyone to read the poems. 2. Thanked Bill Tucker for his efforts with "Whiskers" and the good job that he is doing promoting the Lake. PAGE TWENTY -ONE - CITY COUNCIL MINUTES - MAY 239 2000 Councilman Schiffner commented on the following: Stated that he has had the recent pleasure of participating in two youth programs. He noted that he participated in Students in Government Day and Student of the Month. He noted that it gives him great j oy to hear the student's comments. 2. Noted that Mr. Tucker was a candidate in a past election and commented that his involved and was a very positive person for the community. Mayor Pro Tern Pape commented on the following: Announced that at the last Riverside County Transportation Commission Meeting, the bonds for Highway 74 were approved. He noted that Highway 74 was going to be widened to five lanes and the construction will begin next spring. 2. Commented on how much he enjoyed the students that shadowed him during Students In Government Day. He noted how bright the students were that he spent time with. He wished them well with their future educational efforts. 3. Commented that Sports Mart had a free day of canoeing and kayaking on the Lake and noted that they sold a couple of the canoes. He encouraged everyone to use the Lake. 4. Congratulated the winners of the Young Poets Contest and commended all the kids that participated. He thanked the Crawfords for all their efforts. Mayor Brinley commented on the following: Thanked EVAN for all their efforts and commended them for a job well done. She noted that the Young Poets Award Night would be televised on Visions and Views on the first Monday in June at 7:30 p.m. 2. Noted how much she enjoyed Students In Government Day and gave an overview of the Mock Council Meeting. She noted what a good job all the students did and how professional they were during their Mock Meeting. 3. Thanked Mr. Tucker for his efforts on the Lake and bringing "Whiskers" to the City Council Meeting. 4. Reminded the public that there will be a fundraiser at Lake Chevrolet on June 9, from 5:30 p.m. to 9:30 p.m., $25.00 per person, for Cops for Kids. PAGE TWENTY -TWO - CITY COUNCIL MINUTES - MAY 239 2000 5. Noted that work will begin on Mission Trail in early August. 6. Announced the following events: May 27 Classic Car Show on Main Street May 27 -29 Spring Sidewalk Sale at the Prime Outlet Center June 3 Kids Fishing Derby the City Campground June 3 Mini Grand Prix at the Diamond Stadium June 4 Open Air Market on Main Street June 3 -4 International Water Ski and Wake Board Competition in the Inlet Channel. June 10 Canyon Lake Water Ski & Wake Board Competition in the Inlet Channel. June 10 Father's Day Car Show at the Prime Outlet Center CLOSED SESSION City Attorney Leibold announced the Closed Session discussion items as listed below: a. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION — Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 (1 case). THE CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 8:20 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:15 P.M. WITH NO REPORTABLE ACTION. ADJOURNMENT MOVED BY KELLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:16 P.M. MA CITY OF LAKE PAGE TWENTY -THREE - CITY COUNCIL MINUTES - MAY 23, 2000 Respectfully submitted, r � Adria L. Bryning, Depuq City 5ierk ATTEST: ij i4i(XASAD, CMC, CITY CLERK CITY OF LAKE ELSINORE