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,
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Adria L. Bryning, Depuq City 5ierk
ATTEST:
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i4i(XASAD, CMC, CITY CLERK
CITY OF LAKE ELSINORE