Loading...
HomeMy WebLinkAboutCC-08/22/2000MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 8, 2000 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Brinley at 7:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Community Services Director Sapp INVOCATION The Invocation was provided by Dr. Gary Musgrove representing Horizon 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, Community Services Director Sapp, Fire Chief Seabert, Police Chief Walsh, Information /Communications Manager Dennis, City Treasurer Ferro and City Clerk/Human Resources Director Kasad. PRESENTATIONS A. Presentation - Economic Development Corporation of Southwest Riverside County Golf Tournament. (17:56.1) Diane Sessions, Economic Development Agency representative, noted that the City is a member of this organization. She also noted that this was the 6' Annual Golf Tournament, but the first municipal contest. She congratulated the City's Golf team, consisting of Ken Seumalo, Rich Hess, Robin Chipman and Duane Morita, on their win in the municipal contest. Mayor Brinley thanked staff for their representation of the City. Ms. Sessions expressed appreciation for the City's continued support and complimented the City Council on the recent Main Street improvements. B. Presentation - Unity in the Community Parade. (17:62.1) Jeanie Corral, representing the Unity in the Community Parade, noted that this will be their fourth annual Parade. She also noted that last year there PAGE TWO - CITY COUNCIL MINUTES - AUGUST 8, 2000 were over 3,000 student and adult participants; and detailed the participating groups. She announced that this year's event will be held on November 18th at 10 a.m. with the event being over by noon. She requested community participation and volunteers; and noted that the event is a product of the Community Action Planning Workshop, intended to work toward making the community a better place. She noted that it was felt that a parade was a tangible product which would demonstrate their dedication to the effort. She offered special thanks to business community representatives and other community organizations. She invited potential participants to contact her to participate. C. Presentation - Planning Commissioner Sands. (F:60.2) Mayor Brinley noted that former Planning Commissioner Sands was not able to be present at this meeting. She expressed thanks to him for his service to the community, expressed appreciation for his work and stressed that he was an asset to the community. She indicated that she would have the plaque delivered to his home. D. Proclamation - State Champion of the Junior Olympic Tae Kwon Do - Evalee Guerra. (F:122.1) Mayor Brinley read and presented the Proclamation to Evalee Guerra and commended her on her success. E. Proclamation - Riverside County Sheriffs Three Lakes Posse Rodeo. (F: 127.2)(X: 122.1) Mayor Brinley read and presented the Proclamation to Gary Brown and Dan Uhlry on behalf of the Posse. Gary Brown, President of the Three Lakes Posse organization thanked the Council for this Proclamation and noted that in the past the Lake Elsinore Valley Rodeo was a landmark event and looked forward to it gaining that status again in the future. He announced that this year's event would be dedicated to Dave Vik and the volunteers of past rodeos. Dan Uhlry, Treasurer of Three Lakes Posse and Codirector of the Rodeo, invited Mayor Brinley to participate as a Grand Marshal at the rodeo. Mayor Brinley thanked the posse for this invitation. Mr. Uhlry announced that the Rodeo would be held September 1 -3, 2000 at 7:30 p.m., with a dance to follow. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. 31 and 33. PAGE THREE - CITY COUNCIL MINUTES - AUGUST 8, 2000 CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 5, 7, and 8. MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. City Council Study Session - July 13, 2000. b. City Council/Redevelopment Agency - July 24, 2000. C. Regular City Council Meeting - July 24, 2000. (17:44.4) The following Minutes were received and ordered filed: d. Planning Commission Meeting - July 19, 2000. (F:60.3) e. Design Review Commission Meeting - July 19, 2000. (F:60.4) 2. Ratified the Warrant List for July 31, 2000. (F:12.3) 3. Approved Contract with Jauregui & Culver, Inc. for the Construction of the Restroom Renovations at the Community Center in the amount of $31,219; and authorized the City Manager to execute the contract. (F:64.3) 4. Declared the IBM Photocopier Surplus and authorized disposal at auction. (F: 48.1) 6. Approved C.D.B.G. Sponsor's Agreement Senior Citizen's Center - Fiscal Year 2000 -2001, and authorized staff to execute the necessary agreements. (F:84.2) PUBLIC HEARINGS 21. Resolution Nos. 2000 -37 and 2000 -38 - Confirming Placement of Weed Abatement and Nuisance Abatement Costs on the Property Tax Roll. (F:166.1)(X:32.4) City Manager Watenpaugh noted that this was an annual housekeeping item. Community Development Director Brady reiterated that this was a standard annual procedure for placement of assessments on the tax rolls. He indicated that staff sent out about 5,000 notices for weed abatement, and the majority of the property owners abated the property; however the City had to have about 893 properties cleaned. He further indicated that there were a total of 8 nuisance abatement properties for placement on the rolls. He requested Council approval of the required resolutions. PAGE FOUR - CITY COUNCIL MINUTES - AUGUST 8, 2000 Mayor Brinley opened the public hearing at 7:29 p.m., asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:30 p.m. Councilwoman Kelley indicated that she had no problem with this action which is the annual housecleaning to get problem properties abated. Councilman Metze concurred, noting that this was an annual consideration. Councilman Schiffner indicated that he was glad to see that there were no appeals filed in this process. MOVED BY PAPE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NOS. 2000 -37 AND 2000- 38; AND DIRECTED STAFF TO PLACE SPECIAL ASSESSMENTS AGAINST THE PROPERTIES LISTED IN THE ITEMIZED REPORT FILED IN THE CITY CLEKR'S OFFICE. RESOLUTION NO. 2000-37 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF WEED AND RUBBISH ABATEMENT, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT LIEN AGAINST SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE. RESOLUTION NO. 2000-38 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF NUISANCE ABATEMENT, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT LIEN AGAINST SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE. PAGE FIVE - CITY COUNCIL MINUTES - AUGUST 8, 2000 BUSINESS ITEMS 31. Renewal of Animal Control Ap-reement - Animal Friends of the Valleys. (F:68.1)(X:18.3) City Manager Watenpaugh stated that this was a request to move forward with a new contract for Animal Friends of the Valley. He noted that two weeks ago Council held a Study Session regarding this issue and discussed a number of related issues, including an increase in the amount of the contract from $75,000 to $85,000 for Animal Control services, implementation of an Administrative Citation Program, Feline Registration Ordinance, service levels and appropriate budget reporting.. He recommended that Council consider the four suggestions made by staff and direct staff to implement their decision. He indicated that staff from Animal Friends of the Valley were present to answer any questions from Council. Mayor Brinley asked that General Manager Washington and Assistant Director Bagwell be available for questions. Dixie Schleiger, 20765 Alameda Del Monte, Wildomar, stated that she was in support of Animal Friends of the Valley and noted that the importance of cat licensing was not immediately apparent to the public. She further noted the number of cats being saved because of the licensing. She commented on a recent newspaper article regarding the microchips that have been placed on adopted animals in Los Angeles and indicated that Animal Friends of the Valley has been using microchips for the last seven years. She commented that since the first of the year the State of California has required all adopted animals to be spayed or neutered and Animal Friends of the Valley implemented that program five years ago. Ms. Schleiger stated that Lake Elsinore may not be the City that was recognized as the first to license cats, however she felt that was not as important as cat licensing being done. She commended the Council for its forward thinking and saving the lives of cats. Chris Hyland, 15191 Wavecrest Drive, criticized Council for questioning Animal Friends of the Valley for requesting a $10,000 increase in their contract amount. She stated that in her opinion, Animal Friends of the Valley was saving the City of Lake Elsinore money. She stated that the City Council had no qualms about the amount of lawsuits pending against the City of Lake Elsinore, nor the amount of money spent on trips taken by Council and Management. She commented that Council does not hesitate to spend money to renovate restrooms at the Community Center and build a skateboard park, but will not spend money to take care of our animals. She stated that elected officials have their own agenda and nothing to stop them from following that agenda. She chastised Council for following a selfish agenda in regard to such a small increase. Ann Washington, General Manager of Animal Friends of the Valley, stated PAGE SIX - CITY COUNCIL MINUTES - AUGUST 8, 2000 that LEAF would not have been in existence if not for three Councilmembers in 1988 that awarded LEAF the contract for Animal Control services for the City of Lake Elsinore. She noted that five years ago the Animal Control Contract was reduced by $20,000 due to the City's financial problems. She noted that LEAF did not reduce their service level and stuck by the City through a trying financial time. She explained that they did come back to Council and explained that if they were going to work with more animals due to an increasing City population, they needed to take steps to cut down on surplus animal problems by licensing cats. She noted that there is a $10 fee for an altered cat and a $35 fee for an unaltered cat for a three -year license. She indicated that most cat owners do not want kittens and out of the 777 licensed cats in the system, all but five are altered. She further noted the license fees for altered and unaltered dogs. She noted that Animal Friends of the Valley offers assistance for spaying and neutering if the animal owners cannot afford to do so on their own. She explained that the City of Lake Elsinore was the first to increase the unaltered license fee to $50, and indicated that many other cities have followed. Ms. Washington stated that when LEAF began the program, 58% of the licensed animals were altered and today 85% are altered. She noted that altering animals reduces the number of strays that exist in the City. She stated that with the City's assistance, LEAF advertised cat licensing and gave a 60 -day amnesty period on violation fees and at that time canvassed. She stated that several Councilmembers had told her that they received complaints regarding cat licensing and felt uncomfortable regarding the issue. She explained the number of stray cats that LEAF received and the number that died in the past versus the thousands of cats that have been saved through cat licensing. She thanked the City for its proactive approach. She noted that the City of Lake Elsinore was a model for other cities because of the reduction in the number of animals received in LEAF's shelter. She stated that the law worked because LEAF worked the program and utilized the law, along with the cooperation of the governing body and the citizens of the community. She noted that in the 1970's feral cats, which are wild cats abandoned by their owners, overran the City's streets and alleys. She detailed other specific animal related problems of the past and provided statistics on the animals taken into the shelter. She stated that twice as many animals come to the shelter from the unincorporated area around the City of Lake Elsinore, than all of the four cities put together. She noted that the County has good ordinances on their books, however they do not have the staff, resources or will to enforce those ordinances. She noted that Animal Friends of the Valley had not had an increase in funding since they lost the $20,000 five years ago, and indicated that they were now asking for two things. She stated that they were asking for the contract fee to be increased by $10,000 and authorization to implement an Administrative Citation Program. She explained that the Administrative Citation Program would greatly streamline their program and their officers would not have to return to residences numerous times to resolve an issue. She noted that several of the cities they service asked that LEAF have a user fee study done to determine what it costs to cover their expenses for Animal Control. She stated that they hired DMG to do the study and it has been provided to Council. She noted the reports of their activities that Animal PAGE SEVEN - CITY COUNCIL MINUTES - AUGUST 8, 2000„ Control provides to the City and felt that the City was kept well informed. She noted the article in the newspaper that suggested that LEAF had questionable billing practices and stated that all the members of Animal Friends of the Valley (LEAF) have integrity; and noted that their organization has provided a full service Animal Shelter and the statement really bothered her. Councilman Metze asked if the reporter had spoken to her directly. Ms. Washington stated that he had not. She further stated that she hoped that was not how the City felt about Animal Friends of the Valley. She noted that that the findings of the User Fee Study showed that it costs $.40 a mile to cover their vehicle expenses which amounts to $7,700 a year as well as a $1,000,000 insurance policy which costs $2,000 per vehicle a year. She noted the cost of maintenance on the vehicles. Mayor Brinley stated that her concern was regarding canvassing of neighborhoods and going door to door. She further noted that she needed to know the minimum and maximum that the State required for canvassing. She noted that the City was paying for the personnel to perform this duty and Council felt their time could be better utilized. She stated that her other concern was with the way the budget was presented to Council. She stated that the budget is done on a calendar year, instead of a fiscal year budget. She stated that she had no problem with the increase of $10,000, however she was concerned about the canvassing and the method of budget used by Animal Friends of the Valley. She noted that the City must provide for increases in_their.budget review and if Friends of the Valley does a year -end budget, it does not allow the City a proper opportunity to plan for an increase in contract amount. She noted that to provide for the increase requested the amount would have to be taken from the City's Reserves. She stated that the City Council would also like to see a certified audit to allow Council to see what services each City pays for and receives. City Attorney Leibold stated that there had been a declaration for Counties in California for the year 2000, for what is designated as Rabies Areas. She noted that there had been an increase in sightings of rabies and incidents in listed areas, of which the City of Lake Elsinore was a part. She stated that there was a recommendation through the National Association of State Public Health Veterinarians on how to address Rabies Areas and how to combat the problem. Mayor Brinley asked if the City of Lake Elsinore is considered a "High Rabies Area ". City Attorney Leibold stated that every county in California is considered a Rabies Area for the year 2000, because of high incidence of rabies. She stated that one of the procedures recommended by this Association was neighborhood canvassing. She stated that as she understands this issue, it is not a statutory mandate by the State Legislature, however it is a recommendation by the Association of Veterinarians to address the problems associated with the spread of rabies. Mayor Brinley asked if when the canvassing of Lake Elsinore was done, it was done on the same basis and ratio as canvassing in Temecula, Canyon Lake and Murrieta. Ms. Washington stated that they were on the same basis, however when the Ordinance for cat licensing was implemented, LEAF did do a special canvassing program in Lake Elsinore. She stated PAGE EIGHT - CITY COUNCIL MINUTES - AUGUST 8, 2000 that had not been done in several years and the canvassing now done was from expired license printouts. Councilman Metze asked if there was supporting recommendations from anyone besides the Veterinarians Association. He stated that he would expect nothing more from a bunch of veterinarians in an organization to say, "more shots, every dog in the world should be vaccinated ". Ms. Bagwell stated that the Department of Health Services for the State of California has declared every county in California as rabies areas. City Attorney Leibold stated that what the State does require is the protocol to declare a rabies area. She noted that where there is a rabies area there is a requirement that every dog over the age of 4 months be vaccinated. She clarified that it was the recommendation of the Veterinarians Association to canvass. Ms. Bagwell stated the California Health and Safety Code, Section 121690 mandates that the governing body of each city or county shall maintain or provide a rabies shelter control system and a rabies control program. She noted that part of the rabies control program was canvassing to make sure that the dogs are licensed and vaccinated. She stated that it was Animal Control's best tool. Mayor Pro Tern Pape noted the exchange of ideas at the Study Session, and commented °'on the recommendations regarding the mileage on the vans as well as $11,000 a year to set aside for a new van. He stated that the City was provided information that stated that the City van logs 20,000 miles a year, therefore, replacing the van after 60,000 miles does not seem reasonable, since the City just replaced a vehicle that had 190,000 miles on it. He suggested that the vans be replaced every 4 years, instead of every three years. He recommended improving the accounting procedures and stated that if the accounts are examined, the financial situation of LEAF was not clear. He stated that there was no clear picture of the assets or liabilities. He concurred that LEAF should consider auditing their books every year. He noted that the City, RDA and all other agencies do an audit; and suggested that now that LEAF represented four cities and the County, a good set of books was important. He further stated should LEAF try to get a bank loan, they would be required to produce financial statements that are audited. He encouraged LEAF to keep their books on the same fiscal year as their clients; and noted that all the entities start their years on July I". He stated that it might be easier to coordinate all four cities to conform. Mayor Pro Tern Pape stated that Lake Elsinore is just over 30,000 people and is paying just as much or more for Animal Control services as the City of Temecula, which has a population of over 50,000. He noted that he was aware that the City of Temecula receives 30 hours of service versus 50 hours that the City of Lake Elsinore receives and wondered if Lake Elsinore really needed 50 hours. He noted that in the documents received by Council there was a large hourly increase for the Animal Control Officer, from $31 per hour to $41 per hour, which is a 32% increase. He stated that according to the report from DMG, the first increase was due to the move to the interim facility and it will increase to $45 an hour per officer when they PAGE NINE - CITY COUNCIL MINUTES - AUGUST 8, 2000 move into the new facility. He said his main concern was that the cost would be going up when the move was made to the new facility. He stated that at some time in the near future Council was going to have to decide how much the City would spend towards supporting a $4,000,000 Animal Control facility. He stated that there were 20 cities that issue cat licenses and there were 475 cities in the State of California. He stated that he was out and about asking people what they thought about cat licensing. He noted that one lady stated that she would move before she would license her cats. He noted that some people have strong feelings about cat licensing and he had strong feelings about the need to eliminate the neighborhood canvassing program. He stated that he felt it was just too aggressive to be out knocking on doors and stating that the person had a dog licensed at the address, and questioning if they still had, it; seeing a cat in a window and questioning the owner. He felt it was too heavy handed. He suggested that language be changed on page four, item (i). He stated that he felt the City should not adopt the Administrative Citation Program for licensing for the same reasons he stated regarding canvassing. He explained that going door to door takes up time and effort that could best be better spent elsewhere. Mayor Pro Tem Pape stated that LEAF should allow the pet owner up to 30 days before the time their license expires, to renew the license for their pet. He stated that especially for people on a fixed income, whose checks are not coming every week, as this would give them the time to get the additional money to get the vaccinations and have the money to send in to renew the license. He noted that currently there was such a large penalty that he was concerned that a lot of people would rather take the chance of not getting caught, rather than take the chance of paying such a large penalty if they missed it by a few days. He stated that he understands LEAF's concern when they have a problem animal and have to make frequent visits to resolve an ongoing problem, and agreed that on the first visit a notice should be left on the door indicating what the problem or complaint was and who to call to try to resolve the problem. He stated that hopefully they will take care of it, and if the Animal Control Officer had to return, then he would support an Administrative Citation being issued at that time to resolve the problem and keep the Officer from having to make repeated trips. Councilman Schiffner stated that he was in favor of the agreement as presented, with an exception. He stated that he would like to approve the $10,000 increase for the year 2000/2001 and cut back with some of the other recommendations that have been made concerning accounting procedures. He stated that in review of LEAF's accounting procedures he had difficulty in balancing apples and apples. He stated that it was difficult to balance the cost of Lake Elsinore and the other cities. He stated that the City was happy with the services and should pay for its share, however he would like the services that the City is paying for to be more specific. He stated that the City should approve the contract for one year only and give the Council the opportunity to examine the contract after some of the other suggestions have been met. He addressed cat licensing and stated that he was sure anyone that owned a cat would be opposed to it, - however from his PAGE TEN - CITY COUNCIL MINUTES - AUGUST 89 2000 understanding the use of licensing has greatly reduced the number of animals that have been destroyed, and indicated that was much more important than the few dollars involved. He stated that before he would be willing to change the licensing for cats, he would want to hear a lot of discussion about the probability of how many lives of cats it has saved or how many cats have been saved by those procedures. He stated that he would prefer to leave cat licensing alone. He stated that although Lake Elsinore was one of the very few cities in the State that had cat licensing, didn't mean it was bad, but rather that the City might be exceptionally good. He stated that he was in favor of Administrative Citations and stated that it was not only for the purpose of licensing dogs, but also for the purpose of handling complaints of barking dogs and vicious dogs, realizing that now when the owner is cited; they go to court; the court fines them; the court gets the money; and the owner still doesn't have a license. He stated that if the process was handled by Administrative Citations the money collected would go into the City's own Animal Control organization and provide an opportunity to solve some of the problems. He indicated that when an Animal Control Officer goes to a residence on a barking dog call and cannot find the owner, they can issue the citation and resolve the problem. He stated that there was a lot more to the issuance of Administrative Citations than just dog licensing. He stated that he was definitely in favor of taking some action to make the Administrative Citation take force. He stated that it might be that the City would want to extend the time limit to 30 days, however he felt that Animal Control needed that program. Mayor Brinley asked if Councilman Schiffner would like to address any of the other issues. Councilman Schiffner stated that he would like to see the City approve the increase of $10,000 for one year and bring it back to Council in 2001 for further review after LEAF has had the opportunity to address some of Mayor Pro Tern Pape's suggestions. He stated that in July 2001, LEAF will have addressed some of the concerns and bring a proposal with figures that could be assessed to allow the Council to consider what the City's fair share is for the . operation. Mayor Brinley asked if Councilman Schiffner wished to address the hours of service. Councilman Schiffner stated that was part of what should be brought back and considered in the next year. He stated that he was satisfied that LEAF provided adequate service to account for the additional hours at this time, however he did not want to make that perpetual until Council looks into the other questions. Councilman Metze concurred with Councilman Schiffner that the $10,000 increase should not be in question and should be approved tonight. He stated he did not want the perception that there was some big problem and noted that in 1988 three Councilmembers helped to get LEAF off the ground. He asked if Ms. Washington found the current Council difficult to deal with. Ms. Washington stated she did not. Councilman Metze stated that he had someone come up to him and accuse Council of working on their own agenda; and stated that he wanted the people at home to know that Council is not attacking LEAF. He asked if Ms. Washington thought that Council had worked well with LEAF in the past. He noted that some nasty things were said about Council and their relationship with LEAF. Ms. PAGE ELEVEN - CITY COUNCIL MINUTES - AUGUST 89 2000 Washington stated she felt this Council had been very forward thinking and they had always listened to what LEAF had to say. She stated that she felt that LEAF and the City have had a good partnership. She noted that there were 5 votes to put the cat licensing into effect and increase the fees for dog licensing. She indicated that she did have some concerns from the newspaper article, but that was not the impression that she had from Council at the Study Session. Councilman Metze concurred with Councilman Schiffner that the $10,000 increase should be approved, but suggested that more discussion was needed. He further suggested that a Council committee of two should sit down with LEAF and address the issues which have been discussed. He indicated that 14 days was not enough for licensing, since a large part of the population commutes out of the area; and questioned what the incentive would be for a person to license their pet after a $100 fine. He inquired if the 1:30 to 3:30 p.m. time frame is enough to vaccinate all of the animals. Ms. Washington indicated that it was generally adequate, but they stay late when necessary. Councilman Metze stated that he felt that LEAF's accounting system should be compatible with the cities that they serve, and suggested that there were several questions needing answers before he would be in favor of the Administrative Citation Program. He indicated that there were several other issues which need to be addressed. He further indicated that he has not heard much about the cat licensing issue, however now that it has been discussed, he anticipated comments from the public. He suggested that if there was going to be an Administrative Citation Program it would be best to set it for a 30, 60 or 90 day process. He commended LEAF for the good job they do and indicated that he would agree to the $10,000 increase, with the Administrative Citation Program going to a sub - committee. Councilwoman Kelley commend LEAF for a job well done over the years in Animal Control. She stated that she felt that the contract for Animal Control was a good one and she did not have a problem with the $10,000 increase. She indicated that the City is getting a multitude of services and if Lake Elsinore had to do what its neighbors do and pay per service then it would far exceed the $85,000. She noted that all of the questions were hammered out at the Study Session; and indicated that she does favor the Administrative Citation Program, as it is needed to improve the efficiency since the Animal Control Officers have to make multiple trips to the same address to catch the owner at home to gain a signature on the citation. She stated that Ms. Washington had assured the Council at the Study Session that when an Administrative Citation is issued, the offense is well founded and the officers have investigated the issue thoroughly. She noted that there is an appeal process and reiterated that she is in favor of the Administrative Citation Program as it will eliminate the multiple trips to a residence. She stated that there was no need for a committee to study the issue and felt that the staff from Animal Friends of the Valley and the City staff could work out an Administrative Citation Program that could be brought before Council and addressed at that time. She indicated that with staff handling the issues, the process could move forward in a timely manner. She noted that Ms. Washington was aware of Council's concerns regarding the 14 day PAGE TWELVE - CITY COUNCIL MINUTES - AUGUST 8, 2000 time limit and felt that staff was capable of handling the changes that needed to be made. Councilwoman Kelley stated that she concurred with Mayor Pro Tem Pape regarding canvassing and felt that it was far too aggressive, however she felt that when the Administrative Citation program was in place there would not be much need for canvassing. She stated that she did not want to see the hours reduced, but asked that they would follow up with the Fiscal Year issue, revise their form of bookkeeping and allow the City to plan for increases; and have the staff of Animal Control work with the City staff to develop an Administrative Citation Program. Mayor Brinley asked Councilwoman Kelley's opinion regarding the mileage costs. Councilwoman Kelley stated that it was all part of the contract and she did not have a problem with it, and indicated that she felt the City was getting a lot of service that we wouldn't occur if the City had to pay per service. Councilman Schiffner stated that he would like to have some action that would move the Administrative Citation Program forward. He stated that it was his understanding that this could be done through the existing ordinance and possibly by adding something to the contract. He indicated that he would like his fellow Councilmembers to state their objections to the program. He stated that some conditions could be worked out to satisfy Council's concerns and objections to the program. He suggested that if those concerns could be met with some conditions, then possibly the Animal Friends of the Valley could move forward with the program. Mayor Brinley suggested that some of the verbiage in the contract could be modified to satisfy all people concerned. Councilman Metze asked what the rush was and stated that Animal Friends of the Valley could wait for a committee review. Mayor Brinley stated that it was her understanding that what was being proposed was to award a one year contract; the Administrative Citation clause changed to be more flexible with a 60 day period instead of 14 days; retaining the 50 hours of service; and an increase in contract funding of $10,000. She stated that it was the Council consensus that the cat licensing is to be kept in place since the program is working. She suggested that rather than Council trying to work through the contract, it would be better to have both staffs meet and work through the Program. She requested that the City Attorney assist in this effort. City Attorney Leibold stated that staff could work together to make modifications per Council direction, but staff needs clear direction. Mayor Brinley stated that Council would like to see a Fiscal Year accounting system; a certified audit to clarify costs; as well as modification to the Administrative Citation Program. City Attorney Leibold stated that perhaps the context in which staff could evaluate the Administrative Citation procedures implemented by the Animal Control Officers in a broader context. She stated that Community PAGE THIRTEEN - CITY COUNCIL MINUTES - AUGUST 89 , 2000. Development Director Brady and the Office of the City Attorney have just started to look at existing Administrative Citation procedures City -wide, and it might be appropriate for staff to do an overall review and bring it back to Council. She indicated that in that context it could also be evaluated with regard to Animal Control Citations. Mayor Pro Tem Pape stated there was discussion regarding a change in the verbiage on page 4 addressing canvassing, to clarify what it is and what the Council wants. He asked if the City Attorney had put the verbiage together. City Attorney Leibold stated that it depended on what Council wanted. She stated that the information was not available until this evening. Councilman Metze stated that there are just too many unanswered issues to just give Animal Control a blanket approval for the Administrative Citation Program. He stated that there were too many unknown factors. Mayor Brinley clarified that what was before Council was the $10,000 increase to the Animal Friends of the Valley contract: She stated that Council would not be making a decision on the Administrative Citation Program, but rather providing verbiage to staff for the modification. She indicated that the verbiage on Page 4, item (i ) and what Council wants it to say; the verbiage on the Administrative Citations; the Fiscal Year Budget for Animal Control and the Certified Audit. Mayor Pro Tem Pape noted that it would be a little like putting the cart before the horse, if the City was going to put the money up before all the questions were answered. Councilman Schiffner stated that was why he suggested that the contract be for a 1 -year period only. He noted that it could be brought back and addressed, which would give Animal Friends of the Valley.the opportunity to answer and confirm the questions and concerns that Council has had. He stated that this would allow Council the opportunity to consider this issue properly at budget time. Councilwoman Kelley stated that as far as she was concerned the contract should stand as it was proposed. She stated that the $10,000 increase was fine and takes care of the per mile cost and vehicle. She stated that she did not see a need for a committee to work on the Administrative Citation Program and stated that Animal Friends of the Valley and staff heard Councils' concerns at the Study Session and felt that they were well equipped to come up with an Administrative Citation Program that Council could easily support. She stated that it is not a matter of being in a hurry, but rather there is no need for this issue to continue on and on. Mayor Brinley stated that the object of the discussion is to give a comfort level to the total Council. She stated that she was looking for a way to work through the issues without causing a conflict through adding and modifying some verbiage and then move on. She stated that the contract would be for PAGE FOURTEEN - CITY COUNCIL MINUTES - AUGUST 8, 2000 a one -year period and during that period Animal Friends of the Valley could work on the other concerns and develop a new contract. Mayor Pro Tern Pape stated that what was being requested at this point was to approve the Animal Control services that was being presented in the Agenda this evening. He noted that item ( i ) addressed inspections and canvassing issues. He stated that if the document was going to be approved, Council needed to deal with those issues. He stated that Council, as a whole did not have a problem dealing with the Administrative Citation Program. He noted in the contract the canvassing was going door to door and looking for people with pets that didn't have licenses and there was a need to clarify that it was not Council's intent to do so. He asked that the City Attorney develop language that expresses Council's opinion. He addressed the Administrative Citation program and stated that it was something that needed to be clarified, since Council supported the program, if there was a problem animal, but not as part of the canvassing program. Councilman Schiffner stated that his biggest concern was problem animals. He noted that Council has had people speak before them that expressed their frustration with barking dogs. City Attorney Leibold stated that the Administrative Citation Program was separate and distinct from canvassing. She stated that the issue of canvassing could be modified and clarified to Council's intent. She asked Council for their clear intent regard canvassing. She stated that the Animal Friends of the Valley have indicated in the last couple of years they canvass only in the area they have received a call and have been much less aggressive. She stated that it was her understanding the Council would support license inspections in the context of other field services. She clarified that if in the course of a response on a complaint basis, the Animal Control Officer identifies an unlicensed animal, then it would be appropriate to cite. She further clarified that if the Animal Control Officer, in the course of performing their duty utilized the list that identified animals that had not been renewed, while following up with unlicensed animals that are stray or outside and visible, without going door to door or on private property, then it would be appropriate to cite. Mayor Brinley reiterated that it was her understanding that the consensus of Council was to see a less aggressive program for canvassing. City Attorney Leibold again asked Council to clarify if they wished no canvassing, or canvassing only in the course of field service. She stated that she did not know how the City would define the scope to be "less aggressive ". Councilman Schiffner stated his understanding was that the concern over the fact that the City was paying mileage and time for the canvassing and that was what was to be eliminated. PAGE FIFTEEN - CITY COUNCIL MINUTES - AUGUST 89 2000 Ms. Washington stated that Animal Friends of the Valley has not done a canvassing program since 1996, when the cat licensing first went into effect. Mayor Brinley stated that a number of residents in the community have said just the opposite. She asked Council to clarify what they want. Councilman Schiffner asked if canvassing could be eliminated pertaining to dog licenses. City Manager Watenpaugh stated that Council could do whatever they want, however it would be most helpful if someone on Council would make a motion to define what Council wants, then staff could have a direction to follow. Mayor Pro Tern Pape suggested the subject matter be broken into several key points and then Council could consider and moved on each item individually. He suggested that a motion could be made to change the language in the contract to read: While in field service the animal control officer does not utilize their list and start knocking on doors of people that use to have a licensed animal, however if a dog was at large they would deal with it. MOVED BY PAPE, SECONDED BY SCHIFFNER TO HAVE SECTION 1(i), READ: THE ANIMAL CONTROL OFFICER, WHILE IN THE FIELD, WILL NOT KNOCK ON THE DOOR OF RESIDENTS BY UTILIZATION OF THEIR LIST OF PREVIOUSLY LICENSED DOGS, HOWEVER IF A DOG WAS AT LARGE THE ANIMAL CONTROL OFFICER COULD ADDRESS THE LICENSING AT THAT TIME. Councilwoman Kelley asked if Animal Friends of the Valley does a notification by mail. Ms. Washington stated that they do send renewal notices and the people who are contacted personally, are the people that do not renew their licenses. She stated that if they cannot go to the residents, then they might as well not send renewal notices and people can just withdraw from the licensing system if there is no way to enforce the license. She explained that the renewal notice is sent 30 days prior to expiration and there is a 30 -day grace period after expiration. She indicated that two weeks before the penalty period becomes effective a post card is sent to remind the owner. She stated if the owners knew they did not have to renew, then they would not. Councilman Schiffner stated that it was not the intent of Council to keep Animal Control from pursing renewals. He stated what Council does not want to see is an Animal Control Officer going door to door to ascertain if the resident owns an animal and if it is licensed. He stated if the Animal Control Officer knows that there is a dog and the license has not been renewed, then they should be allowed to address the issue. Councilwoman Kelley stated that Mayor Pro Tem Pape's motion prohibited PAGE SIXTEEN CITY COUNCIL MINUTES - AUGUST 8, 2000 Animal Control from using their expired list to contact people that have not renewed their dog or cat licenses. Mayor Brinley stated that Animal Control needs a way to approach the owner's home and advise them that they have not responded to the previous notices and advise them that they will be fined. She indicated that it should not be for the purpose of soliciting new dog licenses. She suggested they could follow up on existing licenses that have expired, however she did not want to see Animal Control Officers going door to door soliciting. COUNCILMAN SCHIFFNER WITHDREW HIS SECOND FROM THE FOREGOING MOTION. COUNCILMAN METZE SECONDED THE FOREGOING MOTION THE FOREGOING MOTION FAILED BY A VOTE OF 2 TO 3 WITH BRINLEY, KELLEY AND SCHIFFNER CASTING THE DISSENTING VOTES. MOVED BY KELLEY TO RENEW THE EXISTING CONTRACT WITH ANIMAL FRIENDS OF THE VALLEY, INCLUDING THE $109000 INCREASE FOR A ONE YEAR PERIOD; THE STAFF OF ANIMAL FRIENDS OF THE VALLEY TO MEET WITH THE STAFF OF THE CITY OF LAKE ELSINORE TO DEVELOP THE ADMINISTRATIVE CITATION PROGRAM. Mayor Brinley asked that the motion be modified to clearly state that canvassing was prohibited for soliciting purposes. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO AMEND THE MOTION TO RENEW THE CONTRACT WITH ANIMAL FRIENDS OF THE VALLEY WITH THE AMENDMENT TO SECTION 1 (i) TO INCLUDE: "CANVASSING IS PROHIBITED FOR THE PURPOSE OF SOLICITATION OF NEW DOG LICENSES; APPROVING THE $10,000 INCREASE FOR A ONE YEAR PERIOD; AND THE STAFF OF ANIMAL FRIENDS OF THE VALLEY TO MEET WITH THE STAFF OF THE CITY OF LAKE ELSINORE TO DEVELOP THE ADMINISTRATIVE CITATION PROGRAM. Mayor Pro Tem Pape stated that the motion would be creating two sets of people, those that have licensed pets in the past and those who are new pet owners. He noted if the owners have never licensed them, they will not be visited. Councilwoman Kelley indicated that they have not gone door to door in four years and would now have 60 days to renew their license, through mail notices. She stated that the ones the Animal Control Officers will visit are the people that have not come through after 60 days. She stated that the Animal Control Officers hands would be tied otherwise. PAGE SEVENTEEN - CITY COUNCIL MINUTES - AUGUST S, 2000 Mayor Brinley concurred with Councilwoman Kelley. Councilman Schiffner indicated that any other way, Council would be eliminating dog licenses altogether. Mayor Pro Tem Pape asked what addressed Section 10 regarding record keeping. Councilwoman Kelley stated that the motion was for a one -year renewal and stated that the requirements were already included in Section 10. Mayor Brinley stated that the motion should be modified for clarification of the change for the accounts to be done on a Fiscal Year rather than on a Calendar Year and a certified audit. City Attorney Leibold stated that the direction for the Administrative Citation Program was part of the motion and would be brought back before Council at a future date. Councilman Schiffner clarified that all of the other items were to be brought forward at a later time and that was the purpose of the one -year contract. Mayor Brinley reiterated that she would like to see the Fiscal Year addressed. Councilman Schiffner indicated that it was part of the recommendations that would be brought back before Council at a later date. Mayor Brinley clarified the motion and stated that the motion would include the fiscal year change and the requirement for an audit. City Attorney Leibold stated that as a point of clarification she was not sure there is a consensus between those who made and seconded the motion with respect to the Fiscal Year and the audit of financial statements. She stated that she heard two things: 1) We don't want to incorporate this into this agreement; and 2) We want it incorporated into next years' agreement. City Attorney Leibold indicated that no amendment was made. Mayor Brinley stated that if the change was made to the Fiscal Year and an audit is done, the City has a better clarification for next year when Council makes a decision of where the money is being spent. Councilman Schiffner asked if this would be included in this contract. Mayor Brinley confirmed and stated that it would just be the Fiscal Year and audit. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO AMEND THE MOTION TO INCLUDE THE CHANGE TO FISCAL YEAR FOR THE ANIMAL FRIENDS OF THE VALLEY ACCOUNTS AND AN AUDIT TO BE PERFORMED. PAGE EIGHTEEN CITY COUNCIL MINUTES - AUGUST 8, 2000 THE FOREGOING MOTION WAS APPROVED BY A VOTE OF 3 TO 2 WITH METZE AND PAPE CASTING THE DISSENTING VOTES. Ms. Washington questioned the timing of the discussions regarding the Administrative Citation Program. Council indicated that it would begin right away. 32. Designation of Voting Delegate /Alternate for League of California Cities Annual Conference. (F:108.8) Mayor Brinley explained this item. MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO APPOINT COUNCILMAN SCHIFFNER AS THE VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO APPOINT COUNCILWOMAN KELLEY AS THE ALTERNATE VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. 33. Procedure for Appointing Nuisance Abatement Hearing Officers. (F:32.4)(X:120.1) City Manager Watenpaugh noted suggestion that the Planning Commissioners could be assisted in sitting on the Nuisance Abatement Board. He indicated that the Community Development Director and the City Attorney have reviewed the existing ordinances, and determined that if the Council was interested in appointing two people it could be done in the current format within the Municipal Code; however the selection of three members would require an amendment to the Municipal Code. City Manager Watenpaugh questioned the ability to select an alternate under the existing Code. City Attorney Leibold confirmed the ability to name an alternate. City Manager Watenpaugh suggested that the Council make a recommendation to the City Manager for these appointments. Mayor Brinley noted that there were a number of well rounded people who applied for the Planning Commission, who want to really get involved with the City. She suggested that this approach would give them more opportunities to participate. She indicated that it would also assist with future Planning Commission appointments. She clarified that the Planning Commissioners were currently serving as the Nuisance Abatement Hearing Officers. Mayor Brinley recommended the appointment of Mr. David Cheney and Mr. George Rivera, with Mr. Tim Crawford serving as the alternate. MOVED BY PAPE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPOINT DAVID CHENEY AND GEORGE RIVERA TO SERVE AS THE NUISANCE ABATEMENT HEARING PAGE NINETEEN - CITY COUNCIL MINUTES - AUGUST 8, 2000 OFFICERS, WITH TIM CRAWFORD SERVING AS THEIR ALTERNATE. 34. City/EVMWD Joint Statement of Cooperation. (F:92.6)(X:146.2) City Manager Watenpaugh provided an overview of the staff report as presented; and stressed that staff feels that it is very critical that the City and Water District move forward positively to support the Joint Powers Authority to ensure the success of the efforts. He noted that this relates to the JPA's $15 million, as well as a portion of SAWPA's $235 million. He explained that the cooperative projects will serve as a pilot for future projects. He stressed the importance of assuring that all alternatives are evaluated and cooperative efforts occur between the Water District and City. He highlighted the short term projects which would be necessary and noted that the City and the Water District are currently funding them directly. He indicated that staff had put a lot of time into trying to identify issues to ensure success; but there were still a number of issues to be resolved; however joint action will be very positive for the community. He noted the draft presented was prepared by staff had been reviewed by the City Attorney, was not legally binding; but it was important that both sides were agreeing. Mayor Brinley noted that she and Councilman Schiffner had worked with the staff of the City land Water District to come up with the agreement; and felt it was a blueprint for cooperative action. She suggested that this was a door of opportunity for a better relationship between the agencies and a chance to better the community. She suggested that this agreement was long overdue and requested comments from the other Councilmembers. Councilman Metze indicated that City Manager Watenpaugh had stated the situation well and he couldn't agree more. He suggested that emphasis needs to be placed on the fact that reclaimed water was not the first choice and noted the existing Fill and Operate Agreement. He indicated that this would be allowing work to proceed and agreeing to look at reclaimed water. He concurred that it was necessary to cooperate with the Water District. Mayor Brinley stressed that the statements were not prioritized in any way. Councilman Metze commented that there would still be a number of hoops to jump through prior to using reclaimed water; and it would be foolish to not agree with this agreement. City Manager Watenpaugh noted that he had been working with EVMWD's Assistant General Manager John Rossi regarding Lake water and a supplemental plan, when the elevation hits the 1240' elevation. He noted that they were setting up a meeting with Metropolitan Water District and are in the process of looking at options. He noted that there would be an 18 month process required to allow for reclaimed water. Councilman Metze noted that money still might not solve the problems, but stressed the importance of joint efforts to approach the State and Federal representatives for additional funds. He indicated that he had no problem with the proposed statement of cooperation. Councilwoman Kelley commended City and Water District, staff and boards PAGE TWENTY- CITY COUNCIL MINUTES - AUGUST 8, 2000 on their efforts on this statement. She stressed the importance of finding a statement that all can embrace. She indicated that this was a very positive step with a very public document and stressed the importance of this action for the community. She offered her wholehearted support of the statement. Mayor Pro Tern Pape noted that the two agencies had come a long way in the past two years and it was great to see them working closer together to solve a mutual problem. He indicated that the joint goals were clearly written. He expressed concern with the need for water and questioned the evaporation rate. City Manager Watenpaugh indicated that the level will be at the 1240' level in the next few months. Mayor Pro Tem Pape indicated that unless there is a very wet winter, water will be necessary and it was important to be addressing the wells and the water coming over Canyon Lake dam, as part of the Tilley Agreement." He suggested that it would be easier to get the wells turned on now to maintain the level; and stressed the need to lay out an action plan immediately to prevent being caught behind the curve for next summer. He stressed that the burden of proof for use of reclaimed water is very high and it will be important to review it thoroughly. Councilman Schiffner indicated that the staff and board representatives have met several times and noted that there are still some disagreements, but they have attempted to put together a joint statement of cooperation with the Water Department. He indicated that nothing had been given up in the way of rights, and although there are still disagreements, it is better to spend time on the points of agreement. He suggested that this agreement was a beginning in the right direction. MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE JOINT STATEMENT OF COOPERATION BETWEEN THE CITY OF LAKE ELSINORE AND THE ELSINORE VALLEY' MUNICIPAL WATER DISTRICT AND DIRECTED CITY STAFF TO WORK IN CONCERT WITH THE STAFF OF ELSINROE VALLEY MUNCIPAL WATER DISTRICT AND THE LAKE ELSINORE AND SAN JACINTO WATERSHEDS AUTHORITY. 35. Amendment to City Ordinance for Towing Service. (F:104.1) Mayor Brinley noted that a continuance of this item had been requested to a date not certain. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM AS REQUESTED. THE CITY COUNCIL MEETING WAS RECESSED AT 9:07 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:20 P.M. WITH ALL MEMBERS PRESENT. PAGE TWENTY -ONE - CITY COUNCIL MINUTES - AUGUST 8, 2000 ITEMS PULLED FORM THE CONSENT CALENDAR 5. Resolution No. 2000 -36 - Supporting the Use of Needle Cricothyroidotomy. (17:127.1) City Manager Watenpaugh noted that the City had received a request from Temecula for support of the Emergency Medical Treatment. He noted that there was a situation in Temecula which originated this request and explained that this was a treatment which could have been used. He advised that medics are trained in this procedure and about 75% of California uses it. He indicated that the proposed Resolution supports the use of the method and requests authorization of his type of use in the County of Riverside. Mayor Brinley indicated that she pulled this item to bring it to the attention of the community. Mayor Pro Tem Pape indicated that this procedure is currently prohibited in this County and suggested that it might be beneficial to allow for this option. He suggested support of the proposed Resolution. MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2000-36: RESOLUTION NO. 2000-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SUPPORTING FIELD PARAMEDICS USE OF NEEDLE CRICOTHYROIDOTOMY WITH JET INSUFFLATION PROCEDURE. 7. 2000 -2001 C.D.B.G. Supplemental Agreement for 26' Year Funds. (F: 84.2) City Manager Watenpaugh noted a typographical error on page 5 of 34, which should have shown the date under Item # 1 General Agreements at June 15, 1999; and requested that it be corrected for the record. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE SUPPLEMENTAL AGREEMENT WITH THE CORRECTION AS NOTED. 8. Mission Trail Property Appraisals. (F:156.2) City Manager Watenpaugh noted the appraisals needed on three parcels of land, to facilitate the joint project for Mission Trail between Riverside County and the City. He indicated that all other right -of -way had been obtained with the exception of these three parcels. He expressed belief that the project could move forward in late September or early October. He indicated that the money is available, and while there are some questions regarding the timing, the project was still moving forward on schedule. MOVED BY SCHIFFNER, SECONDED BY METZE AND CARRIED BY PAGE TWENTY -TWO - CITY COUNCIL MINUTES - AUGUST 8, 2000 UNANIMOUS VOTE TO RATIFY THE CITY MANAGER'S AUTHORIZATION TO MOVE FORWARD WITH THE APPRAISALS IN AN AMOUNT NOT TO EXCEED $7,000. PUBLIC COMMENTS - NON - AGENDIZED ITEMS Debra Crawford, President of the Elsinore Valley Arts Network, announced that Poetry Books were now available for sale containing the 26 poems submitted for this year's Young Poets Contest. She also announced the "Music with a View" concert series, which will begin on August 12' at 7 p.m. at McVicker Park and detailed the concerts to be presented. She noted that the concerts would all be free and encouraged participation. She indicated that persons interested in more information could contact her at 678 -5924. Virginia Ruffino, 980 Park Way, indicated that she was present on behalf of the Lake Point Park early walkers. She thanked the Council for fixing the sprinkler problem she reported at the last meeting; and indicated that the group was very grateful for this assistance. Tammy Alfieri, 29524 Westwind Drive, addressed delayed responses from law enforcement and lack of patrol. She requested quicker response times to 911 calls and stressed the number of incidents requiring such service in her neighborhood, including car burglary and home invasion incidents. She stressed their concern for response times and suggested that there had been very little investigation of recent events. She stressed her concern for living in a safe neighborhood and having crimes investigated more thoroughly. Mayor Brinley thanked Ms. Alfieri for her input and suggested a follow -up discussion with Chief Walsh. Bill Tucker, aka Whiskers, 740 Acacia, noted the upcoming newsletter called Catfish Platter, which will be available throughout the community. He indicated that the launch ramp repairs were complete and good comments were being received. He also'announced the formation of a new fishing club and encouraged interested parties to contact him at 245- 9976.. Ace Vallejos, 15231 Calle Cobre, Cleveland Ridge resident, expressed concern and support for the current districting initiative petition. He encouraged support in Spanish and English and encouraged residents to sign the petition. Chris Hyland, 15191 Wavecrest Drive, noted an article from the July 30'x' Californian Newspaper. She suggested that the Council intends to continue to obtain new debt to pay old debts. She suggested and detailed the potential negative impacts to the public. She encouraged residents to sign the initiative petition. She also encouraged people to review Elsinore Magazine.com. She noted an article by Mr. Allen of Wildomar regarding credit card debts and lake contamination. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: PAGE TWENTY -THREE - CITY COUNCIL MINUTES - AUGUST 8, 2000 1) Noted that the Public Hearing regarding the Outlet Center modifications to their specific plan would be on the next agenda. 2) Advised that the Riverside County Integrated Plan, Habitat Study Session would be held on August 17'" at 2 p.m., in the Cultural Center; and invited participation. 3) Noted that a tentative date of September 21" at 2:30 p.m. had been selected to have a presentation by John Husing. He indicated that the meeting would be open to the general public and be for the purpose of receiving new demographic information. Council concurred with the proposed date. CITY ATTORNEY COMMENTS City Attorney Leibold noted that four items had been listed on the Agenda for closed session consideration, however the fourth item was heard by Judge Holmes last Friday and taken under submission, so no action or direction was need at this time. She announced items A through C as listed on the agenda. California Joint Powers Insurance Authority - Councilwoman Kelley indicated that there was nothing new to report, and thanked Administrative Services Director Boone for attending on her behalf. Crime Free Multi- Housing Project - Mayor Brinley indicated that the third seminar would be presented on August 10'", with nine property manager pre- registered for the all day session. Economic Development Corporation of Southwest. Riverside County - Councilman Schiffaer requested that Assistant City Manager Best provide an update on this committee, since she was the active member. Assistant City Manager Best noted the Golf Trophy presented this evening and commended staff for their participation. She indicated that the last luncheon was held on July 27th and announced that the next luncheon would be held on September 28' with a demographic review of the region. Lake Elsinore and San Jacinto Watersheds Authority - Mayor Brinley indicated that the JPA passed a budget of $8.2 million for lake projects and detailed the projects as approved. She indicated that work would begin on the Lake as soon as the money is received. She announced that the next meeting would be held on September 6' and encouraged the public to attend. Lake Elsinore Chamber of Commerce Economic Development Committee - Councilman Metze. Councilwoman Kelley indicated that she had been attending these meetings as the alternate to Councilman Metze, and noted that their web page was up and going. PAGE TWENTY -FOUR - CITY COUNCILMINUTES - AUGUST 8, 2000 Multi - Species Habitat Committee - Councilman Schiffner indicated that this group was scheduled to meet on August 7', but postponed to August 28� . He indicated that there was nothing new to report, but the project was shaping up and there would probably be more reportable action in the near future. Riverside County Transportation Commission - Mayor Pro Tern Pape advised that the Board meeting was dark in August, but a budget meeting was scheduled for the end of the month. He also noted that there was a Highway 74 ad hoc committee meeting, but there was nothing new to report. Riverside Transit Agency - Mayor Brinley announced Try Transit Week which is scheduled for September 13 -18, 2000. She detailed the festivities planned for the week and announced the new facility opening in Hemet on August 19', and invited participation. Satisfy 2020 Committee - Councilwoman Kelley announced that this Committee would be meeting on Friday, August 11`x' for the first time in about six months. Western Riverside Council of Governments - Mayor Brinley indicated that she had nothing to report on this Agency. CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: 1) Noted the "Music with a View" Concert Series and clarified that they will skip the Labor Day weekend. 2) Indicated that she failed to mention the CAP conference at the last meeting and highlighted the activities and programs discussed during the 2 -1/2 day conference. 3) Addressed the Young Poets Contest presented by EVAN for the last two years and read a winning poem from last year's contest, entitled "I Am A Rose ", by an 11 year old girl. She noted that the writer had been killed in a car accident and today had been her funeral. She indicated that EVAN was establishing a poetry scholarship in her name to go to one of next year's poetry contestants. Councilman Metze had no comments. Councilman Schiffner commented on the following: 1) Indicated that he wanted to come to the support of the Sheriffs Department. He expressed sympathy of the concerns the public, but noted that on three instances he had called the Sheriffs Department for a suspicious car in the neighborhood and the response were in 8 minutes or less and the situation was taken care of He noted the level of service in Lake Elsinore versus the level in larger cities such PAGE TWENTY -FIVE - CITY COUNCIL MINUTES - AUGUST S, 2000 as Long Beach. Mayor Pro Tem Pape commented on the following: 1) Indicated that while attending a Public Safety Policy Committee meeting in San Francisco he saw a presentation on a program called "Every 15 Minutes ". He explained that it was part of a 1990 program which sought to address the one person killed by a drunk driver every 15 minutes. He indicated that the number had been improved to one every 30 minutes, but stressed the need to reduce the numbers even further. He noted that there was an education program which focused on junior and seniors in high school to stress the responsibility for drinking and driving and stressed the dramatic effects of the program on its participants. He suggested that this program would be of real benefit to the young people in Lake Elsinore and requested Council concurrence to get with the police and schools to put together such a program for the next school year. He further suggested alternating the program between the two high schools. Mayor Brinley commented on the following: 1) Announced the Lake Elsinore Mounted Posse rode which will be held from September 1 -3, 2000, with tickets on sale starting August 11', at Circle K locations in Lake Elsinore, Wildomar and Norco. She indicated that they would be $10 pre -sale and $12 at the gate; with children ten and under being free. She encouraged public participation. 2) Announced that she was still working on a fund- raiser for Cops for Kids, being a Blast from the Past event. She indicated that it was starting to take shape and anticipated a great event. She thanked the area businesses for their participation. She announced that the cost of tickets would be $50 per couple or $25 per person, with more information following soon. She encouraged everyone to buy tickets and participate. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Williams v. City of Lake Elsinore (4' Appellate Case # E024487); Williams and Hassan v. City of Lake Elsinore (4' Appellate District Case # E025201) B. CONFERENCE WITH LEGAL COUNSEL-- EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Redevelopment Agency of the City of Lake Elsinore vs. Sportsman's Lodge (4' Appellate District Case #E024762/Riverside Superior Court Case #257164). C. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION PAGE TWENTY -SIX - CITY COUNCIL MINUTES - AUGUST 8, 2000 (Subdivision (a) of section 54956.9) California Bank & Trust v. City of Lake Elsinore et al (Riverside Co. Superior Court Case #344190) D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) City of Lake Elsinore vs. All Persons Interested et al, Riverside Local Agency Formation Commission (CASE #RIC 311942) (Cleveland Ridge). THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 10:06 P.M. FOR DISCUSSION OF THE ABOVE LISTED ITEMS A, B AND C. THE CITY COUNCIL MEETING RECONVENED AT 11:38 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 11:39 P.M. PAMELA BRIT4LEYq MAYA CITY OF LAKE ELSINORE ATTEST: VICKI SA , CMC, CITY CLERK CITY OF LAKE ELSINORE MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, AUGUST 17, 2000 .......................................... ............................... CALL TO ORDER Mayor Brinley called the City Council Study Session to order at 2:00 p.m. PLEDGE OF ALLEGIANCE Mayor Brinley led the Pledge of Allegiance. ROLL CALL PRESENT: COUNCILMEMBERS: KELLEY, PAPE, SCHIFFNER, BRINLEY ABSENT: COUNCILMEMBERS: METZE DISCUSSION 1. Riverside County Integrated Plan — Multi - Species Habitat Conservation Plan. (F:140.1) Councilwoman Brinley called upon the person who requested to speak. Mary Venerable, 29400 3rd Street, noted she was present to hear more about the plan; and explained she had heard Councilman Pape identify problems with ideas of information as conveyed at the presentation at a Council Meeting. She expressed her concerns regarding the Riverside County Integrated General Plan, which she felt did not give clear direction for preservation and development. She stated that she had a number of questions, however she would wait until the end of the presentation to ask her questions. Community Development Director Brady stated that at the July 24, 2000, City Council Meeting there was a brief presentation regarding the Riverside County Integrated Plan. He indicated that it addressed three issues being the update of the General Plan; Transportation; and the Multi- Species Habitat Conservation Plan. He noted that at the July 24th Meeting the City Council expressed interest in having a Study Session to review the Plan, particularly the Multi- Species Habitat Conservation Plan. He explained that the consultants preparing the Plan were present to provide the information. He PAGE TWO — STUDY SESSION— AUGUST 17, 2000 introduced Al Bell from The Planning Center. He further explained that Mr. Bell's company was handling the portion of the General Plan Update which addresses Land Use. He indicated that Mr. Bell would present his portion of the Plan and then introduce the other consultants to address the other topics. Mr. Bell, The Planning Center, indicated that his company is responsible for the General Plan, and introduced Jim Henderson, Spear Group Civil, Inc., Managing Consultant over the entire Integrated Plan; Steve Smith, Transcorp, consultant for the Transportation portion of the plan; June Collins, Dudek, consultant for the Multi- Species Habitat Conservation Plan; and Melody Smith, Planning Center, consultant for Land Planning. Mr. Bell stated that the project has been in progress for over a year and was led by an extensive program of public surveys and outreach meetings throughout the County. He explained that it led to the creation of an extensive vision statement that provided detail for the General Plan advisory committee that provided guidelines the consultants were working from. He noted that a set of principles was provided to the consultants for guidelines for the Land Use portion of the plan. He explained that in the presentation of July 24th, three alternatives were presented to Council and stressed that the Integrated Plan was work in progress and would continue to change. He presented Alternative three, which the consultant team and County staff felt was most responsive to the vision guidance that was established earlier in the program. He presented an overview of the Land Use for the unincorporated area of the County that would result in the delineation of the policy regarding the potential Land Uses in all the unincorporated areas of the County. Mayor Pro Tem Pape asked if the Land Uses presented on the map would be compatible with the zoning, which is already in place. Mr. Bell clarified that did not occur in all cases, and explained that in some situations there might be some Land Use designations with which the existing zoning would not be consistent; and in due course the existing zoning would have to be changed to comply with the General Plan. He explained that it was the intent to avoid those situations as much as possible. Mayor Pro Tern Pape asked if there were any inconsistencies in the City of Lake Elsinore. Mr. Bell indicated that this was for the unincorporated area only and explained that the County Board of Supervisors has no authority regarding Land Use within City Limit boundaries. He gave an overview of the process, which was used to compare the County and various cities' General Plans to ascertain the compatibility of Land Use. He addressed the Sphere of Influence of the various cities and then attempted to reflect a similar Land Use. He explained that if cities have proposed Land Uses for their Sphere of Influences in their General Plans, which the City of Lake Elsinore has done, then they PAGE THREE — STUDY SESSION — AUGUST 17, 2000 have tried to reflect that in the County's Land Use Plan. He noted that in some situations there could be a difference and it would have to be worked out with the jurisdictions. Mayor Pro Tem Pape stated that at the July 24th presentation a different designation was shown on the City's open space; Specific Plans; and four major development projects and asked if that was not the case now. Mr. Bell stated they would present how the Riverside County Multi- Species Habitat Conservation Plan affects the County and the cities. He explained what they were working with proposed uses and if adopted they would apply to the land; and the Multi - Species Habitat Conservation Plan (MSHCP) delineation was an overlay to the Land Use. He noted that Ms. Collins would explain how the overlay works and explained that it does not change the Land Use designation. Mayor Brinley asked if before the County were to adopt the presented plan, would they make sure that the City's Land Uses were compatible through a review process. Mr. Bell stated that the consultants are working with the City's staff to.resolve the Land Use incompatibility issues if there were any. He explained that the whole process would provide ample opportunity for the staff, consultants, and County Planning Commission Board to address the issues if the City feels that the County has not adjusted the Land Use to be compatible. He further explained that there would be hearings prior to adoption of the Plan, which would take place throughout the next year. He noted that prior to the hearing stage, they hoped to have all the inconsistencies worked out, or if they are not then have them clearly identified so the affected city or property owner would know that they exist. He noted the purpose of the presentation was to inform Council what was occurring and give Council the opportunity to influence the Plan. He clarified that what the exhibit presents is the unincorporated area only for intended uses and appropriate zoning. Mr. Bell addressed the circulation system and noted that there were two levels of Transportation, Major Transportation corridors; and the Circulation Element of the County's General Plan. He noted that this includes integration with adjacent cities' circulation plans for continuity in the system. He stated that adjustments could be made in two ways, modification of the circulation system; or modification of the Land Uses. He noted that this would vary throughout the County. Mr. Smith of Transcorp, clarified the exhibit of the Circulation Element. Mr. Bell summarized that the General Plan encompasses the entire Riverside County unincorporated area and does not involve any of the existing cities, however does involve the Communities of Interest. He explained that the Transportation Corridor and the Habitat Conservation portions of the project were limited to Western Riverside County and did not include the rest of the County. He explained that one of the purposes of the Study Session was to promote understanding regarding the MSHCP and what impact it has PAGE FOUR — STUDY SESSION — AUGUST 17, 2000 on the incorporated and unincorporated areas of the City of Lake Elsinore. Ms. Collins representing Dudek, consultant for the Multi- Species Habitat Conservation Plan ( MSHCP), explained that the MSHCP was an integral component of the County's RCIP process. She noted the 14 cities that were involved in a Planning Agreement for Habitat Conservation between the local entities and the Wildlife Agencies to cooperatively work together to prepare a Multi- Species Habitat Conservation Plan. She explained that it would list the requirements of both the Federal Endangered Species Act and the State of California Natural Communities Conservation Planning Act, as well as the State Endangered Species Act. Ms. Collins noted that the Agreement would provide a more streamlined way to deal with the regulatory constraints associated with the 30 listed species and proposed species in Western Riverside County and in the complete County Plan they are trying to address up to 164 species which includes the 30 listed and proposed species, as well as other sensitive species that might have the potential to be listed in the future. She explained the idea behind the plan was to streamline both public and private projects that might be faced with regulatory constraints associated with the 164 species. She indicated that what her team from Dudek started with a year ago, was the Go/No Go proposal which was reviewed by the MSHCP committee. She explained that the proposal described in narrative terms how many acres and where in Western Riverside County it might be necessary to develop, preserve, or conserve up to 164 species and possibly get regulatory coverage. She stated that there was a web site that presented the maps of species and vegetation of Western Riverside County and gave an overview of the process to provide conservation areas. Mayor Pro Tem Pape asked if a property owner had their land burned, if they would be allowed to keep the area clear since it is no longer a habitat. Ms. Collins stated that it would be up to the local jurisdiction to determine whether the owner would be allowed to brush and clear. Mayor Pro Tem Pape asked if the City was the local jurisdiction. Ms. Collins stated that it would be the local jurisdiction if it was the agency that regulated the brushing and clearing on specific property; and if that particular action was consistent with the local jurisdiction's regulations, then the property owner could do that. She indicated that it would depend on the level of burning and whether the property was occupied or not. She further indicated that if the property was occupied by a listed species, the Federal Endangered Species Act would permit enforcement of that take through brushing and clearing or through destruction of that habitat, however there are provisions that do permit brushing and clearing. Mayor Pro Tem Pape asked if there was a fire and the habitat no longer existed, it the property owner could then maintain the land as non - habitat area. Ms. Collins stated that it varies from jurisdiction to jurisdiction. PAGE FIVE — STUDY SESSION — AUGUST 17, 2000 Councilman Schiffner asked for clarification of "local jurisdiction". Ms. Collins stated that it was the City. She clarified that the Fish and Wildlife does not regulate brushing and clearing. Ms. Collins noted the areas in Western Riverside County, which were desirable for conservation. She noted that in September 1999, the MSHCP Committee approved the Go/No Go proposal for the consultant to continue the study. Councilwoman Kelley asked how many acres were included in the study. Ms. Collins stated it consisted of from 380,000 to 510,000 acres within the 1.2 Million -acre MSHCP Study area. She noted that of the 380,000 to 510,000 acres, 340,000 acres were already in existing publicly owned land. She indicated that included National and State Forest lands. She noted the proposal also described that there might be a range of between 40,000 and 120,000 acres within the 1.2 Million -acre study area of existing private land that might be considered for additional conservation in order to cover up to 164 species. Councilwoman Kelley asked how much of that land area was in the City of Lake Elsinore. Ms. Collins stated that she did not have that information available, however she did have it in her office and would be glad to provide it to Councilwoman Kelley. Councilman Schiffner stated that there were several areas in Lake Elsinore that were in conflict and he suspected that those would be the ultimate areas that would be involved. He asked for those specific areas, what the species were that caused those areas to be considered and what particular criteria caused those areas to be considered habitat. He noted that information would give the Council the opportunity to object or concur with the proposal. Ms. Collins stated she could provide information in the context of how far they have gone to date and the future steps that will be taken as more refinements are made. She stated that the four specific areas of concern in the City of Lake Elsinore, were Ramsgate Specific Plan area; North Peak Specific Plan area; Alberhill Specific Plan area; and the Liberty Specific Plan area. She indicated they had been identified as being lands desirable for conservation areas. She indicated that in the early stages of the MSHCP it was recognized that there were conflicts between approved development plans and areas that were identified as desirable for conservation. She noted that those conflicts would need to be worked out or considered through the course of the MSHCP planning process. Councilwoman Kelley asked what plan they had to address the conflicts. Ms. Collins noted a map that lists the species, which are desirable for conservation. She provided a map providing conservation analysis units. Councilwoman Kelley noted the Alberhill and Northpeak areas and asked if they were a result of the studies done by Dudek or the results of the studies done by the developer when they filed the plans to develop. Ms. Collins stated that the database was assembled by UCR, and for each dot on the map there was a data source. Councilwoman Kelley asked if this was done PAGE SIX — STUDY SESSION — AUGUST 17, 2000 by UCR or if it was information provided by the developer. Ms. Collins stated that it was a wide mix and gave an overview of the information and how it was gathered. Councilwoman Kelley stated that the information could then be taken back to the developer that submitted plans and could affect the development. Ms. Collins stated that the study also included information regarding vegetation, slopes, geological, and wetland information. Councilwoman Kelley stressed that a lot of the information was generated by the developers and not by independent studies. Ms. Collins concurred. Mayor Pro Tem Pape stated that different areas were identified, however looking at the fine print it needed back -up data to be understandable. Ms. Collins stated that all of the information was on the web site and was available to the public. She explained that the web site included a description of the different areas of concern and what would be desirable for conservation for the 164 species. Mayor Pro Tem Pape stated the necessity of having the information available if the exhibits that were presented were to be understood. He noted that it appeared that a majority of the land within the City boundaries was in some kind of area. She gave an overview of the exhibit maps and explained the purpose of the different boundaries. Mayor Pro Tem Pape stated that this was certainly a red flag and those persons that own property in the areas indicated, have seen a substantial devaluation of their property if the plan becomes final. He noted that with so much of the area within the City noted as desirable for conservation, it would be impossible to develop within the City. Ms. Collins stated that the exhibits were just like any other planning map, and offer alternatives, which are necessary to try and come up with solutions for a Multi- Species Habitat Conservation Plan. Mayor Brinley asked about the S3K designation. Ms. Collins stated that it was primarily the Alberhill, Sedco to Wildomar Hills, and South Lake Elsinore area, which were the primary three areas of conservation. Councilman Schiffner asked if Ms. Collins would be preparing a similar map, which would be for the protection of half or two thirds of the areas proposed. Ms. Collins indicated that would be forthcoming. Mayor Pro Tem Pape asked if Ms. Collins would provide the entire Council maps with the underlying documentation. Ms. Collins stated that all the information was on the web site, and that all the information had been provided to the City in the past through WRCOG. Councilwoman Kelley asked if Ms. Collins had the same map available that was presented at the July 24th City Council Meeting. Ms. Collins stated that the same map was on the wall without the zone colors. PAGE SEVEN — STUDY SESSION — AUGUST 17, 2000 Mayor Pro Tern Pape noted the high concentration of listed animals along Alberhill and Sedco Hills next to the freeway, and questioned the high emphasis next to a freeway. Ms. Collins stated that it was a combination of species, occurrence, habitat and geographic location. She explained that all of the factors came together in the Sedco /Wildomar and Alberhill areas and indicated that the location adjacent to the freeway, while it somewhat reduces the desirability for conservation, had enough other positive attributes to outweigh the negatives. Mayor Pro Tem Pape clarified that it was important to preserve the land in its natural habitat right next to a freeway. Ms. Collins stated that in some configurations, it is. She gave an overview of the decision making process, and indicated that this program was an information exchange process to help the stakeholders decide what was in the best interests of their particular constituency with respect to getting regulatory coverage for the 164 species or not. Councilmember Schiffner suggested if the 164 species were numbered in their order of preference and the top third of them were eliminated, there could be a great deal of area cleared of conservation. He explained that there was every possibility that all of the 164 species would not be protected; and suggested that was why it was important to know exactly what species were causing a conflict and how they should be addressed. Ms. Collins concurred. Mayor Brinley stated that there were several members of the audience that wished to ask questions; and asked if Ms. Collins wished to finish her presentation, if she wished to answer questions at this time. A member of the audience asked how long Ms. Collins and the other members of the team have had to prepare for this meeting and asked why they did not have the information available for review. Ms. Collins stated that she was told only 10 minutes earlier that the MSHCP was the focus of this meeting. Councilwoman Kelley stated that the focus of this meeting was discussed on July 24th. Mayor Brinley stated that the team was directed at the Council Meeting to prepare for this Study Session. There was general discussion regarding the information provided and the people presenting the program not being prepared. Community Development Director Brady noted that the information being presented by Ms. Collins was not final information, but rather the process that they have utilized to get to the current information level. He noted that the purpose of the Study Session was to allow the public to know what was happening with the plan, specifically the MSHCP. PAGE EIGHT — STUDY SESSION — AUGUST 27, 2000 Mayor Pro Tern Pape stated that it was Council's intention to express their concerns. Councilwoman Kelley stated she would like to see the map that was presented at the July 24th City Council Meeting from the overhead projector, that gave the Land Use designations with an overlay of the proposed habitat over the top of the Land Use Map. She suggested that this would give Council the opportunity to see the true status. She stated that the maps presented to Council appear to show that the City is giving up the bulk of its acreage, and she wanted to know what the acreage was within the City Limits, versus the acreage in the unincorporated area. Mayor Pro Tem Pape stated that it appeared that the City was putting up more than its fair share. He stated that it was a calculation that was fairly simple; and noted that it was a total of how much acreage was in the Specific Plans and how much acreage that was to be set aside, as well as how much acreage was in the unincorporated area. He indicated that through that method the Council could get a clear picture of what percentage of the City would be taken up by conservation. Mayor Brinley noted that Councilman Schiffner explained that the plan being presented was just a rough draft that would be changed as the study progresses. Mr. Fahmy questioned the plan and questioned the time line. Mayor Brinley stated that the study will be progressing and it should still be quite some time before the final plan is fully developed. She noted that the process would take another eighteen months to two years. Mary Venerable expressed her concern with a study that goes on for eighteen months without public input because it becomes locked in concrete. She further stated a concern regarding the changes, which involve the unincorporated area and not the City. She asked why the City was involved if this plan was primarily for the unincorporated area. She asked why the meetings were not in Riverside and questioned who the stakeholders were. Mayor Brinley stated that the stakeholders are the City of Lake Elsinore, City of Canyon Lake, City of Murrieta, and City of Temecula. She noted that the County was trying to put their plan together and attempting to make it coincide with the City's General Plan. She further explained this would also give the City the opportunity to remove some of the desired habitat to allow for development. Councilman Schiffner stated that what was for the unincorporated area was the General Plan and didn't have anything to do with the City, however the habitat plan does impact the City and that was why PAGE NINE — STUDY SESSION — AUGUST 17, 2000 the Council was holding the Study Session. He stated that the City had no problem with the County's Integrated Plan Land Use and Traffic Circulation, however where the City did have a problem was with the habitat, and that issue covers the entire Western Riverside County area. Ms. Venerable stated that she felt this was placing a great burden on the City by having no clarification. Mayor Brinley stated that the Council would have liked better information. Richard Lashbrook , County of Riverside Integrated Plan Project Manager, gave an overview of the underlying basis for doing a Multi - Species Plan. He stated that the decision to be answered was if the County of Riverside and all the stakeholders should continue to fight the Endangered Species Act on a one by one basis, or develop a plan that would address a broad range of species and give a long term stability and protection from the Endangered Species Act. He further stated that was the impetus that drove the County to start the presented project and to propose doing a Multi- Species Habitat Conservation Plan. He noted that in the end, each City and the County of Riverside would have to make a decision whether to participate in the plan. He stated that the City of Lake Elsinore could make the decision not to participate. He asked that the City consider the impacts of not having a long -term plan and noted that large areas in Lake Elsinore are occupied by listed endangered species. He indicated there was nothing anyone could do about that, and it means that the property owner will have to deal with the Endangered Species Act. He stated that they are a long way from the final answer, however he felt that it was important to keep in mind that it is a decision that the City will have to make and it is a trade off. He noted that there are some negatives in doing a Multi- Species Habitat Conservation Plan and he hopes and believes that in the long run there will be significant advantages that outweigh those negatives. A member of the audience noted the Ramsgate site and stated that it was overrun with motorcyclists and the whole area was affected. She stated that now the citizens are told that there is an endangered species in the area and she asked how that could be possible. Buddy Cox commented on Mr. Lashbrook's statements. He noted that in San Diego the power company had a cooling tower and the environmentalists suggested that there was an endangered species in the lagoon next to the plant. The power company then hired their own specialists and found that there was no endangered species. He stated that he would want proof before he would believe there were really any endangered species in a designated area. PAGE TEN — STUDY SESSION — AUGUST 17, 2000 Mayor Brinley stated that in response to Mr. Cox's concern, what Mr.Lashbook explained was that it was a Federal Mandate that the City must comply with. She explained that the City had a choice and that was the City could be a part of the plan or do something on its own. She agreed with Mr. Cox that she wished that the Council had more data. She noted that what Council was trying to do was gain more information or what the timelines were; and the goals of the City. Councilwoman Kelley stated that there was a third choice and that was the City could go with the plan, but not protect all 164 species. Dan Voit, D.R. Horton Company, stated that his company was looking to invest in several parcels in the City of Lake Elsinore. He noted that although there was considerable debate regarding the plan, there were still some question as to if California Department of Fish and game or the Wildlife Services would ultimately agree to whatever plan was being proposed. He stated that he supports the concept, however questioned if for the developers in the community, it was fair to assume that it is status quo until the plan is in place. He noted that the developers would have to deal with Fish and Game and Wildlife Services on their own, but are still able to continue forward with their developments. Mayor Brinley stated that they were and encouraged them to do so. Ed Fitzpatrick, Eastbridge Partners, stated that they own Ramsgate and have done extensive biological surveys on Ramsgate for a number of years. He noted that the eastern portion of the project currently has 50 to 70 nesting pairs of Gnatcatchers. He noted the high concentration of Gnatcatchers and questioned their endangerment. He stated that the project also has Least Bells Vireos as well as a pair of Cooper's Hawks. He further stated that they have four Vesting Tentative Maps on the property and noted that when they request recordation of Final Maps; the City approves; they pull grading permits; and start to grade, then get stopped cold by the Feds. Mr. Fitzpatrick stated that it was not because of the City, but rather the Federal regulatory agencies. He noted that they have other issues that they were dealing with as well, including the Regional Water Quality Control Board. He stated that the City could agree that they have a great plan, however the Federal Agencies will stop them cold. He indicated that he was looking at the Integrated Plan as a means that all the developers could jump on the bandwagon and solve the issues. He noted that it was his understanding that the action proposed was to set up a situation whereby the regulatory agencies buy -off on a plan and the negotiations are done and the developer knows where they are going. He explained that the developer has to deal with the Plan, even through the property is within the City; and stated that his company was very interested in the MSHCP because he sees it as a way to deal with the issues. PAGE ELEVEN — STUDY SESSION — AUGUST 17, 2000 Mr. Fahmy,, stated that since his company owns Alberhill he wishes to know exactly what the plan will be. He indicated that they have four years into trying to develop the property and it has been earmarked as a conservation area. Mayor Brinley stated that the plan was information and it was the City's option as to what would be done. Ms. Venerable asked if it was a requirement by law that the studies be conducted. Mr. Lashbrook stated it was not. Ms. Venerable asked if it was not a requirement this was being presented. She asked if the City decides to accept or reject the plan what the long -term impacts would be. She asked what the City will suffer if it does not approve the proposed General Plan. Ms. Collins concurred that it was the City's option whether they wished to participate or not. She explained that the long term impacts are dealing with the constraints of the Endangered Species Act on a project by project basis or in an integrated manner. She stated that as the process moves forward, each city would be able to decide what is in their best interests. Donald Nordine stated that it was his understanding there would be purchases of land and then it would be banked and traded. He further stated it was his understanding that if he wished to develop his forty acres of land, he could buy a different forty acres of land to trade off for his rights to develop. He asked if that was correct. Ms. Collins stated that what Mr. Nordine addressed was one of the potential implementation techniques being considered which was the Habitat Transaction Method. She noted that was just one of a wide variety of implementation techniques being considered which merits a lot more study. She stated they were in an information exchange process that would determine all the alternatives and options. Mayor Pro Tern Pape stated there seemed to be a high concentration of animals at Lake Street and the I -15 Freeway, as well as a high concentration at Railroad Canyon Road and the I -15 Freeway. He noted there was a very low concentration of animals in the Santa Rosa Plateau, which has been set aside for Habitat. He asked if it was possible to trap the endangered species and relocate them to the established habitat. Ms. Collins stated that was a consideration. She noted that part of the study was considering an Adaptive Management Program, however the program would not work for all species. Mayor Pro Tern Pape noted that if the land was purchased for habitat he hoped it was suitable. Councilwoman Kelley stated she was dismayed that there was not more information and at least the same information presented at July 24th Council Meeting. She stated she thought it was perfectly clear that the Study Session was going to PAGE TWELVE — STUDY SESSION — AUGUST 17, 2000 address the Multi- Species Habitat and the Council would need a lot of information. She noted that at the Council Meeting it was obvious that the Council was very upset about the Habitat Map and a Study Session was needed on that issue. She expressed her dismay at the lack of private property owners' rights. She indicated she could not understand that with the stroke of a pen, the entire City can be sucked up and declared a Habitat, when some people have spent millions of dollars getting to where they are in their process of development; and by being in the process of development have triggered themselves being on the Map and the whole process comes back to bite. She stated it seemed to be condemnation of private property since they are told that they can't develop. She asked what financial remedies would be given to the property owners. Mayor Brinley stated that there was no fairness or equity and this issue should be taken up at the Federal level. She noted in her opinion the Federal Government should have to address the issue in dollars and cents. Councilwoman Kelley noted that there was a little leeway from the 30 species to 164 species, however she felt pinched because there was not much room to work. She noted the lack of equity in the way the maps and charts are done. She stated that it was a process that must be followed closely and she would like to hear more about what the City can do to be included in the process. Councilman Schiffner stated that in defense of the County and the Project, it was a Federally Mandated issue and had established species that they require be protected. He explained that what the County was trying to do was put together a package that the Federal Agency would buy. He further explained that the 164 species were projected to be all the species that the Federal Agency would ever want to protect, however it does not mean that all of the 164 species would be included. He noted that the County was trying to develop a package that the Federal Agency would accept so that the cities could go forward with the development of the property under specific guidelines. Councilman Schiffner stated without the Plan, the developer would have to deal directly with the Federal Agency and fight every inch of the way. He noted that under the plan there was no piece of property that was not developable, however it does mean that if it were a higher habitat area it would take more mitigation. He stated that all the issues are still under consideration. He stated that he was not in favor of the Endangered Species Act and felt that it was a rape of the people by the Federal Government, however what was trying to be accomplished was to live with what the Government has mandated and still develop the property. Mayor Brinley commented that once the County and cities get through this process, one of the things that needs to be stressed is equity. She stated that there must be fair equity and the Federal Government needs to understand that they are dealing with private property PAGE THIRTEEN — STUDY SESSION — AUGUST 17, 2000 owners. She noted that she understands that the County is just trying to bring all the cities into one unit that would allow future development. She concurred with Councilwoman Kelley regarding the amount of available information to promote better understanding of the Plan. She suggested that staff and the County coordinate another meeting to present a more comprehensive presentation of the Multi- Species Habitat. She stressed that the Plan was the product of a Federal Mandate to assist the developers in the future development or sale of their property. She noted that the key to this problem was money and being sure that the Federal Government was fair to the private property owner. Community Development Director Brady stated that staff has met with the consultants and it was the goal of staff to be sure that impact to the City was not greater than to other cities and id not create an unfair burden. He explained that staff had provided information to the consultants in terms of existing openspace the City currently has and this could possibly change some of the configurations, however it was still the private property owners who were impacted. Mayor Brinley suggested a Study Session with the County and current developers to better address the concerns. She stated that Council needs to better understand the impact or the City. ADJOURNMENT The City Council Study Session was adjourned at 3:35 p.m. CITY OF ATTEST: SA, CIT CLERK, CMC CITY OF LAKE ELSINORE u_ If' i-`l l CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST S, 2000 CALL TO ORDER The City Council Study Session was called to order by Mayor Brinley at 4:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: KELLEY, SCHIFFNER, BRINLEY ABSENT: COUNCILMEMBERS: METZE, PAPE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Community Development Director Brady, Information/Communications Director Dennis and City Clerk/Human Resources Director Kasad. DISCUSSION a. Agenda Review. (FA4.3) Presentations City Manager Watenpaugh noted that the normal procedure is to notice a public hearing two weeks before the hearing, and noted that the Outlet Center Public Hearing would be in two weeks, based on their willingness to proceed at that time. Mayor Brinley inquired if former Planning Commissioner Sands would be present for recognition. City Clerk Kasad indicated that he would not be present. Mayor Brinley indicated that she would offer thanks, even in his absence and have his plaque delivered to him. Mayor Brinley noted that Jeanie Corral would be present to discuss the Unity in the Community parade. Mayor Brinley requested details on the Economic Development Corporation award. City Manager Watenpaugh explained that Ken Seumalo, Rich Hess, Robin Chipman and Duane Morita played on the City team against the cities of Murrieta and Temecula and the County of Riverside; and won the tournament. City Manager Watenpaugh noted that Ken Seumalo would be leaving the City for a better opportunity. Mayor Brinley indicated she was sorry to receive this information and requested that his personnel file reflect the City's appreciation of his efforts. PAGE TWO - STUDY SESSION MINUTES - AUGUST 8, 2000 Consent Calendar City Manager Watenpaugh noted that there might be someone from the community present to discuss the plaque for the fire station; and noted a conversation with a Code Enforcement Officer over the public. Mayor Brinley indicated that the fire station had already been named and the plaque information determined. She stressed that this had been in the works for three or four months, so she would recommend listening and moving on. Councilwoman Kelley questioned Item #3 regarding the Restroom Renovation Contract for the Community Center. Councilman Schiffner noted the wide spread of prices. Councilwoman Kelley noted that the new acoustic walls had been done and inquired if it was an improvement. City Manager Watenpaugh confirmed that it was an improvement. Councilwoman Kelley questioned the source of the grant funds. City Manager Watenpaugh indicated that they were Community Development Block Grant Funds. Councilwoman Kelley inquired if the green awnings were being replaced. Staff confirmed. Mayor Brinley questioned Item # 5 regarding Needle Cricothyroidotomy. City Manager Watenpaugh explained the procedure. Councilwoman Kelley questioned why the procedure was not being done. Councilman Schiffner noted that the County does not permit the procedure. City Manager Watenpaugh clarified that Riverside County is not the only area to not allow the procedures; and noted that EMS personnel in San Diego County are not allowed to use it either. He further clarified that Riverside County has not allowed the procedure to date, but indicated that it was possible to ask them to consider it as an option. He stressed that the County has the authority to make that decision. Councilman Schiffner suggested that this item be pulled for explanations. Mayor Brinley stressed that it was just offering another alternative treatment. Councilwoman Brinley stressed that this was an alternative procedure. Councilwoman Kelley noted that this request was prompted by a fatality in Temecula. City Manager Watenpaugh clarified that he was not certain this would have saved the person. Mayor Brinley questioned Item #6. City Manager Watenpaugh indicated that it was ratification of the funding for the Senior Center, which has already been approved, but now requires ratification. Mayor Brinley indicated that she would like to pull Item #8 for an update and noted a conversation over the weekend with a Wildomar resident, who suggested that the City was holding up the project. She indicated that she would like to emphasize the City's willingness to cooperate. City Attorney Leibold indicated that, as she remembered, the County's time frame was for the project to start the end of September; and indicated that she believed that the properties would be acquired in time to prevent delays in the County plans. Councilman Schiffner suggested that any opportunity to explain what PAGE THREE - STUDY SESSION MINUTES- AUGUST 8, 2000 was happening on the project would be worthwhile. Councilwoman Kelley noted that this issue was mentioned in an article on Saturday. Councilman Schiffner indicated that he met with Mr. Bowen from the top of the hill and he had questions about a variety of issues, including his understanding of the palm tree removal issue. He noted that much misunderstanding was coming from the articles in the newspapers. Mayor Brinley indicated that she would pull items 5 and 8, to allow City Manager Watenpaugh and City Attorney Leibold address and clarify them. Mayor Brinley indicated that she felt there would be significant discussion of Item #31 regarding Animal Control Services. She expressed particular concern with determining the requirement for canvassing. City Attorney Leibold indicated that she was unfamiliar with such a mandate; and commented that she wished that this information had been shared in advance of the meeting. She expressed hopes that she could clarify the issue before the meeting. City Manager Watenpaugh indicated that staff had requested that they bring the legal documentation on this issue. Councilman Schiffner noted the cost analysis which shows that the City receives more services than it pays for. He suggested that it might be appropriate to approve the increase in funding, but require that they come back next year with better documentation. Mayor Brinley indicated that she would like to see them go to a fiscal year system, so the mid -year budget review could address increased funding needs; and the Council could plan ahead better without going into the reserves. , She expressed concern with the mileage factors for a new van and noted that the City Manager's car far exceeds that mileage factor. Councilman Schiffner stressed that the costs are exceeding what the City pays; and noted that he felt the City intended to pay its fair share, but wanted to be assured of what was occurring. Mayor Brinley stressed the need for a fiscal year budget. City Manager Watenpaugh added that one of the things that would be helpful and appropriate based on the size of the agency would be an annual certified audit. Mayor Brinley indicated that she had no problem with the $10,000 increase for everything they provide, but they are becoming a major operation in the valley. She stressed the importance of getting a good idea of what each city was paying. There was general discussion of funding issues. City Manager Watenpaugh noted the proposed actions, but suggested that Council could propose another motion as well. Mayor Brinley noted that she spoke with a woman who had an indoor cat and was approached at her door; and noted that this was to occur in other cities as well, but the Councils did not agree. Councilman Schiffner suggested that it might be appropriate to wait for a bigger objection before taking action. He indicated that he supported licensing as it appears to save the lives of pets. Councilwoman Kelley suggested not revisiting this issue. Mayor Brinley indicated that she would not have an issue with it, except that it was pushed PAGE FOUR - STUDY SESSION MINUTES - AUGUST 8, 2000 harder in the City of Lake Elsinore, than in other cities. Councilman Schiffner questioned the need to open that issue at the Council meeting. City Manager Watenpaugh clarified that the Council would need to make a motion to encompass everything they want done. Councilman Schiffner suggested that if the issue of cat licensing comes up, it should be directed to a study session to go through it again. Councilwoman Kelley indicated that she didn't feel that there was a direction on cat licensing at this time. She further indicated that she didn't mind the $10,000, but would like to look at the canvassing issue. Mayor Brinley stressed the need for an official audit, and indicated that she does not like going back into the reserves. Councilwoman Kelley suggested that cat licensing was effective. Councilman Schiffner indicated that unless a lot of people get up and make heavy requests, the cat licensing issue should be left alone as much as possible. City Manager Watenpaugh requested clarification that the Council was looking at the contract as it is proposed, the $10,000 increase and a review of the canvassing process. Councilman Schiffner concurred and suggested revisiting the agreement next year based on new accounting procedures and a certified audit. City Manager Watenpaugh requested clarification on the canvassing issue. Councilman Schiffner indicated that he would like justification for this process. Councilwoman Kelley indicated that she would prefer that they didn't canvass. City Manager Watenpaugh suggested that canvassing could be limited to seeing a stray dog in the field, and allowing them to check it out; but not allow them to go door to door for canvassing. City Attorney Leibold noted that they were charging the City personnel costs for canvassing as well. Mayor Brinley noted that the City Attorney was not aware of the canvassing requirements, and indicated that she would like that issue clarified. She suggested that they might have been over zealous in pursuing this issue. Councilman Schiffner stressed the need for justification, and suggested that otherwise it might be a fund- raising issue. Mayor Brinley stressed that the law had been requested and not yet received; and indicated at this time she could not justify the canvassing. Councilman Schiffner indicated that his biggest concern with canvassing was how it reflected on the overall costs; and stressed the need for more information next year. Mayor Brinley indicated that she did not have a problem with cat licensing at this time, but stressed the need for an audit and budgetary information. City Attorney Leibold clarified that there was an existing ordinance for cat licensing, and any action would need to include direction for staff to bring back appropriate documentation. City Manager Watenpaugh stressed that the contract being discussed was with the Council and reiterated that the Council had the authority to provide direction to staff. Councilwoman Kelley inquired if cat licensing was a hot button for anyone else on the Council. Councilman Schiffner indicated that he would like to PAGE FIVE - STUDY SESSION MINUTES - AUGUST S, 2000 hear more discussion of the benefits of cat licensing in order to address it; but noted that those paying fees would not like it either way. Mayor Brinley noted that Item #32 dealt with designating the voting delegate and the flag carrier for the League Annual Conference. Mayor Brinley indicated that she had discussed Item #33 with the City Attorney and found that it was possible to appoint two Nuisance Abatement Hearing Officers at the Council Meeting. She suggested George Rivera and David Cheney, noting that they both applied for Planning Commission and did very well, and are very interested in working with the City. Mayor Brinley noted that the selection of three people would require a revision of the Municipal Code. Councilwoman Kelley suggested appointment of Tim Crawford as an alternate officer. Community Development Director Brady clarified the Code, noting that it reads Planning Commissioners or other persons as appointed by the City Manager. City Attorney Leibold indicated that she would like to look at the Code prior to the meeting to be sure of the requirements. Mayor Brinley questioned the ability to appoint an alternate. City Manager Watenpaugh indicated that it was not included in the Code, but indicated that there shouldn't be a problem for him to serve as an alternate. Councilman Schiffner noted that it might be appropriate to consider changing the Ordinance in some manner to allow for three representatives; and suggested that the manner of appointment should be changed when possible. Mayor Brinley inquired if this appointment was for a period of four years. Community Development Director Brady indicated that there was no set term. Mayor Brinley suggested a two year service period. Councilman Schiffner suggested that the term could be included when the ordinance is revised. Mayor Brinley suggested that the term be set at two years, with a review prior to continuing for additional time. City Attorney Leibold indicated that she would review this issue further and advise the Council of any problems prior to the Council meeting. Mayor Brinley indicated that Item #34 regarding the Statement of Cooperation with EVMWD was a great door of opportunity to build a bridge. Councilman Schiffner noted that upon review of the proposed statement, there should be nothing to offend anyone. City Manager Watenpaugh noted, that staff and Council had reviewed the document and the press was provided a copy earlier today, due to the sensitivity of issues with EVMWD. He noted that EVMWD would be considering the same statement on August 9'. Mayor Brinley noted that Item #35 regarding the towing ordinance was proposed for continuance for resolution of outstanding issues. Councilman Schiffner questioned the problems with the ordinance. City Manager Watenpaugh indicated that staff went back and met with the towing companies and they had an issue with the franchise fee. He further indicated that they wanted to see a complete franchise agreement, which had now been prepared, but another meeting was pending. City Attorney Leibold indicated that the documents had been prepared and reviewed, but Chief Walsh was trying to assure that everyone had a chance to comment. She indicated that it PAGE SIX - STUDY SESSION MINUTES - AUGUST 8, 2000 would come back to Council as soon as possible. Committee Reports Councilwoman Kelley noted that she had been attending the Chamber meetings and could comment on their activities. Councilwoman Kelley indicated that she was not aware of the Joint Powers Insurance Authority meetings. Staff clarified that they are quarterly and Administrative Services Director Boone had been attending on behalf of the Council. Councilman Schiffner requested that Assistant City Manager Best comment on the Economic Development Corporation. Assistant City Manager Best indicated that she did receive their annual report and could provide an update. Mayor Brinley noted that the next Crime free multi- housing seminar was scheduled for Thursday, August 10'i'; and nine property managers were pre- registered. Councilwoman Kelley indicated that the Satisfy 2020 Meeting would be on August 11'. Councilman Schiffner noted that he received a copy of the agenda for' that meeting, but he was not on the distribution list. Councilwoman Kelley noted that Community Development Director Brady also attended these meetings. Councilman Schiffner noted a meeting at WRCOG yesterday on the multi - species issue. City Attorney Leibold noted some of the City Attorneys met last week with County Counsel to address CEQA issues raised by John McClendon. She advised that Murrieta, Temecula, the County and Lake Elsinore were present at the meeting; and the legal consensus was that the regional fee constitutes a project so the CEQA requirements will need to be satisfied. Councilman Schiffner noted that WRCOG has a variety of committees with a variety of meetings. Councilwoman Kelley noted that her committee had not met in six months, but the technical committee had been meeting regularly. Councilman Schiffner commented that it seemed a number of groups were studying the Integrated Plan and Multi- species issues. City Manager Watenpaugh concurred that the County, cities and WRCOG were all addressing it. Closed Session City Manager Watenpaugh indicated that the Closed Session discussion this evening would be quite long. City Attorney Leibold highlighted the items for discussion; and noted that the Cleveland Ridge item would be postponed, unless a ruling was received this afternoon. Mayor Brinley thanked staff for their participation in the agenda review. PAGE SEVEN - STUDY SESSION MINUTES - AUGUST 8, 2000 ADJOURNMENT The Study Session was adjourned at 4:46 p.m. PAMELA B EY, MAYC CITY OF LAKE ELSINORE ATTEST: VICKI KASAD, MC, CITY CLERK CITY OF LAKE ELSINORE I1/Ihl CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 22, 2000 CALL TO ORDER The City Council Study Session was called to order by Mayor Brinley at 4:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: KELLEY, SCHIFFNER, BRINLEY ABSENT: COUNCILMEMBERS: METZE, PAPE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Community Development Director Brady, Information /Communications Manager Dennis, City Clerk/Human Resources Director Kasad. a. Aeenda Review Mayor Brinley noted the addition of a Presentation to the agenda and advised that Chuck Sacks from California Skier would be discussing the upcoming 2000 Flight Worlds Event. Consent Calendar Councilman Schiffner indicated that the Minutes on Page 5 of Item Lb. regarding the contract amount with Animal Friends of the Valley should be changed from $80,000 to $85,000; and noted the need for the same change on Page 11. Mayor Brinley questioned Item 94 regarding the Slurry Seal Program. City Manager Watenpaugh indicated that this was for slurry sealing in the Avenues. Mayor Brinley noted that the striping had not been completed on Main Street, and indicated that the overspray was bad on this project. She advised that she had been receiving complaints from the downtown merchants, that the work looks sloppy. Councilman Schiffner noted that they had used glass beads on the parking stalls and inquired if they would be used in the stripes. City Manager Watenpaugh indicated that the stripes would utilize thermaplastics. Mayor Brinley questioned Item 96 regarding the LAFCO hearing on the Lusk Annexation. City Manager Watenpaugh indicated that it was approved at LAFCO with no problems and explained the approval process. PAGE TWO - STUDY SESSION MINUTES - AUGUST 22, 2000 Public Hearings Mayor Brinley noted that Item #21 regarding the Outlet Center Specific Plan includes a new sign program. Councilwoman Kelley indicated that after the Study Session on this topic, she had no additional questions. Councilman Schiffner concurred that this project involved a lot of signage, but he had no problem with it. Councilwoman Kelley questioned the use of logos on the signs on the Collier side of the center. Community Development Director Brady clarified this signage. City Manager Watenpaugh addressed Item 13 on page 6 of 37 regarding the message sign; and noted that Councilman Metze was concerned with having an agreement in place before the signs are final. He indicated that a copy of the agreement for the 76 Station sign board, had been forwarded to the Outlet Center for review; and noted that the existing agreement requires that 15 minutes out of every hour be made available to the City. He clarified that the sign would not be finalized until the agreement is complete. Councilwoman Kelley inquired if staff was happy with the requirements. Community Development Director Brady confirmed. Councilman Schiffner inquired if there were concerns with the height of the sign. Mr. Brady confirmed that Planning Commissioner Polk was concerned with the height. Mayor Brinley inquired how tall the sign would be. Mr. Brady indicated that it was 82' tall or about 64' above the ramp height. Councilman Schiffner expressed concern for what the sign will look like. Mr. Brady presented a diagram and noted the sign color may be varied slightly. Mayor Brinley indicated that what she saw on the diagram was what she wanted to see; and stressed that she would want to know the actual color. Mayor Brinley inquired if there would be any roof mounted equipment. Mr. Brady indicated there was no request to place roof mounted equipment. City Manager Watenpaugh noted that Councilman Metze's comment would be more important for future discussions when the agreement is considered. Mayor Brinley thanked the Planning Commission for the detailed work and a goodjob. Councilwoman Kelley addressed Item #22 the Vesting Tentative Map for Cottonwood Hills and inquired whether the planned open space was a park or just landscaping. Community Development Director Brady explained that it is landscaped slope areas which would be maintained by the Homeowners Association. Councilwoman Kelley noted her concern that for 254 units there appeared to be only a tot lot. City Manager Watenpaugh indicated that the next tract will include a neighborhood park. Councilwoman Kelley expressed concern for the ultimate number of parks to be included. Community Development Director Brady clarified that this tract does not have a park area, but the other tracts will have parks. Councilwoman Kelley inquired when construction would begin on this tract. Mr. Brady indicated that it would probably begin in early 2001. City Manager Watenpaugh noted that they were already grading the site heavily. Councilman Schiffner inquired if this tract would have the first houses. Mr. Brady indicated that there were maps which had already been filed, including the 99 lots, which have final approvals. Councilman Schiffner questioned the conditions and noted the previously approved list. Mayor Brinley indicated that the project PAGE THREE - STUDY SESSION MINUTES - AUGUST 22, 2000 had been worked over pretty well by the Planning Commission and inquired if there were any issues they specifically wanted the Council to address. Councilwoman Kelley indicated that she likes the traffic zone and signal. Mr. Brady clarified the placement of the stop sign until it is replaced by a traffic signal when the 100' unit is occupied. Councilman Schiffner questioned Condition #74. Mr. Brady clarified that the stop sign would be in place until the 100' unit is occupied, but the other signal would go in with the elementary school opening. Mayor Brinley inquired how many cul -de -sacs were included in this map. Mr. Brady indicated that there were eight cul -de -sacs. Mayor Brinley questioned the reason for the cul -de -sacs. Mr. Brady indicated that they were included due to the topography of the site and marketing issues. Councilman Schiffner questioned the total number of units in this project. Mr. Brady indicated that the specific plan included 4,275 units, however it will ultimately be less than that, since each tract is coming through with a few less lots than anticipated. Mayor Brinley inquired if there was any estate lots proposed. Mr. Brady indicated that there were no estate lots proposed, but suggested that the ultimate buildout will be more like 3,500 units. Councilman Schiffner inquired at what point a fire station would be required. City Manager Watenpaugh indicated that there was a stipulation that they would have to pay for service as required by the Fire Department. Mr. Brady indicated that something was required with the second phase of the development. Councilman Schiffner inquired if the count was 2,000 residential units for a fire station. City Manager Watenpaugh indicated that staff would be working with Pardee to address the requirements; and noted that Fire Chief Seabert was trying to coordinate a meeting regarding a shared station between Lake Elsinore and Canyon Lake. Mayor Brinley questioned the Development Agreement fees for the Fire Department. City Manager Watenpaugh confirmed that they would be required to pay Development Agreement fees, they could be requested to provide additional fees as needed, since it is already part of the Development Agreement. Councilwoman Kelley addressed Item #23 regarding the Sign Code and suggested that it was confusing. Mayor Brinley concurred that she had some real issues with the proposed Ordinance. Councilwoman Kelley inquired who would track the regulations. Mayor Brinley suggested that the 30 day limitations were acceptable; and noted her understanding for the advertising, but stressed the need for regulations. She noted that some banners have been in place for over a year. Community Development Director Brady indicated that permits had been previously pulled for the banners, but are generally out of date. Mayor Brinley inquired how many permits were out of date. City Manager Watenpaugh clarified that staff s intent was to propose a temporary program, which would be more merchant friendly. He stressed that this ordinance was to temporarily address balloons with a full revision of the sign code to follow. Mayor Brinley indicated that she would like a joint meeting with the Planning Commission, in about mid - October to discuss the banner PAGE FOUR - STUDY SESSION MINUTES - AUGUST 22, 2000 issue. She noted that she had just been approached by the Casino to see if the matter was being addressed. City Manager Watenpaugh reiterated that this was proposed as a temporary measure, since the revision of the entire Ordinance would take more time. Mayor Brinley reiterated that she would like to sit down with the Planning Commission to address signage and the overall Ordinance. Councilman Schiffner suggested the need for a well advertised study session which will obtain substantial input from the business community. Mayor Brinley suggested announcing the Study Session at tonight's meeting with notices on Channel Three and letters to the business community to get the word out that attendance and input are encouraged. Councilwoman Kelley noted the need to address the matter in the interim, but questioned staffs ability to keep up with the enforcement. City Manager Watenpaugh indicated that it would be a matter of priorities and they are shifted frequently. Councilman Schiffner inquired if a fine was associated with this ordinance. City Manager Watenpaugh confirmed, noting that it was an administrative fine. Mayor Brinley noted that in her discussions with Code Enforcement, what is really needed is clear language, as the current code is ambiguous. She suggested a more thorough ordinance would make enforcement easier and quicker. Councilman Schiffner questioned if every type of administrative citation would carry the same penalty. City Attorney Leibold advised that some are statutory with regard to due process, however other violations are up to the City, as they are not mandated by the State. She indicated that she was working with staff to look at administrative citation issues at this time. Mayor Brinley suggested that variable citations don't work, as it had been tried previously; and stressed the need for uniformity. City Attorney Leibold indicated that staff had been wanting to address this for quite some time, but suggested that the first step should be the sign Ordinance. Mayor Brinley stressed that the regulations being considered would be temporary until the Study Session with the Planning Commission; and encouraged staff to development something with "bite ". Councilman Schiffner noted that everyone should come forward and speak on this matter, so the finished product is fair and just for everyone. Mayor Brinley concurred. Councilman Schiffner stressed the importance of listening to everyone to ensure that their objections are heard. Councilwoman Kelley suggested that it might be necessary to tighten up on enforcement; and noted additional concerns with regard the window coverage limitations, commenting on existing violations. Mayor Brinley concurred and noted that the situation had gotten out of control. City Attorney Leibold noted that the Police Department feels strongly with regard to window coverage; and indicated that it was typical for a City ordinance to regulate the size of a window sign. Councilman Schiffner inquired if the fines would support extra Code Enforcement work. City Manager Watenpaugh indicated that it would not cover the necessary added enforcement, but noted efforts to clean up problem vehicles, trash, etc.; and noted that it was not possible to cover it all. Mayor Brinley noted the need to address the historic downtown overlay district specifically. Community Development Director Brady indicated that there were different sign regulations in the specific plans and overlays which would be addressed separately. Mayor Brinley indicated that it was important to advise the overlay district occupants that the matter will be discussed and PAGE FIVE - STUDY SESSION MINUTES - AUGUST 229 2000 may impact them. City Attorney Leibold indicated that there was a provision in the Ordinance that deferred to other regulations or codes; and indicated that this was more of a general, City -wide issue. She also noted that with regard to banners, pennants, etc, there is a specific time period for each use; and clarified the minimum period. Community Development Director Brady noted that the verbiage in Item E should be changed from Steel to Metal. City Attorney Leibold indicated that there were three spots where the verbiage should be changed. Councilman Schiffner indicated that if there is adequate publicity on the Study Session, it should put everyone on warning that there will be a general sweep to get everyone in compliance. City Manager Watenpaugh indicated that staff had been meeting on the street sweeping issues and noted that modifications would be brought back at a later date. He explained the potential for hiring City staff rather than Community Service Officers to address those issues. Mayor Brinley concurred with Councilman Schiffner that additional Code Enforcement people might be important for a thorough sweep; and suggested that everything be addressed at once. She reiterated that some signs have been in place for two years. City Manager Watenpaugh indicated that the Ordinance revisions will make the enforcement aspect easier. . Community Development Director Brady indicated that signs tend to be an emotional issue and staff works with the Chamber to continually educate the community. Mayor Brinley stressed the number of tattered balloons and banners; and noted the need for consistent enforcement. Councilman Schiffner indicated that the press would need to let everyone know that the City is serious, and when the ordinance is done, it will be rigidly enforced. Mayor Brinley commented on the importance of being positive with business people, but stressed the need for consistent enforcement. Councilman Schiffner noted that the City is a 1% partner with each business, due to the sales tax they generate. Mayor Brinley requested that City Manager Watenpaugh provide the staff report on Item #31 regarding the Blast from the Past; followed by her providing background information. She detailed the plans thus far, and the sponsorships obtained to date. She noted the success of past events and requested City Council support, through allowance for use of the Community Center. City Manager Watenpaugh advised that the proposed action was consistent with what had been done in the past for other non -profit uses; and explained the fees that would still be required of the group. Councilman Schiffner indicated that he likes the Cops for Kids charity and would be happy to see this and HOPE as the City's two primary charities in the City. Mayor Brinley indicated that there was interest in providing this activity as an annual event to support Cops for Kids in the holiday season. Councilman Schiffner noted that other charities might not see this as fair, but indicated he felt it was a good cause to be involved in. Councilman Schiffner noted that the RDA items are generally the same as the City Council items. PAGE SIX - STUDY SESSION MINUTES - AUGUST 22, 2000 Mayor Brinley noted that both Boards would require Closed Sessions. City Attorney Leibold noted the noticing of a Special Meeting for additional Closed Session items regarding the Mission Trail right -of -way; and advised that it was noticed for the conclusion of the regular meeting. Mayor Brinity thanked staff for their participation in this meeting. Tom Buckley inquired how many miles of slurry seal would be included under Item #4 of the agenda. City Manager Watenpaugh indicated that he would provide that information to Mr. Buckley. ADJOURNMENT The City Council Study Session was adjourned at 4:55 p.m. I1 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, AUGUST 22, 2000 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Brinley at 7:04 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Recreation and Tourism Manager Edelbrock. INVOCATION The Invocation was provided Pastor Jack Warford representing First Southern Baptist Church. ROLL CALL PRESENT: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, Legal Counsel Leibold, Administrative Services Director Boone, Community Development Director Brady, Police Chief Walsh, City Engineer O'Donnell, Information /Communications Manager Dennis, Public Works Manager Payne, Recreation and Tourism Manager Edelbrock, City Treasurer Ferro and City Clerk/Human Resources Director Kasad. PRESENTATIONS a. Presentation - Lake Elsinore Girls Softball Team. Mayor called the Lake Elsinore Girls Softball Team forward for presentation. She read and presented a Proclamation to the Team Coaches and presented individual Certificates of Achievement to the following team members: Rene Finley, Pitcher Megan Temple, Pitcher Nichol Sanders, Catcher Victoria Montez, Catcher Kelsey Johnson, 1st Base Laidy Arevalo, 1st Base Jackie Harris, 2 "d Base PAGE TWO - CITY COUNCIL MINUTES - AUGUST 22, 2000 Casey Cornell, 3' Base Gloria Newman, 3rd Base Elizabeth Valdez, left field Michele Landau, left field Barbara Alvarado, center field Melissa Melindez, center field Alison Lippold, right field Kim Cornell, Coach Mike Sanders, Coach. Mayor Brinley commended the team members, parents and coaches on a job well done. Coach Mike Sanders noted the community assistance in the team's success. b. Presentation - Chuck Sacks - 2000 Flight World Competition. Chuck Sacks, representing California Skier, thanked the Council for the opportunity to share recent and upcoming activities in the Inlet Channel and on the levee. He stressed the increased activity on the Lake over the last few months and detailed the events held to date. He announced an event to be held on September 7' - 10`h , being the 2000 Flight World Competition and an outdoor festival. He indicated that he would anticipate a very good turnout; and detailed the events which will include hydrofoiling, wakeboarding and free -style motocross. He looked forward to promoting more events and making good use of the inlet channel. He invited the public to come out and participate in the events. PUBLIC COMMENTS — AGENDIZED ITEMS None. CONSENT CALENDAR ITEMS The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. Lb. MOVED BY KELLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. City Council/Redevelopment Agency Study Session - August 8, 2000. 2. Ratified the Warrant List for August 15, 2000. PAGE THREE - CITY COUNCIL MINUTES - AUGUST 22, 2000 Received and ordered filed the Investment Report for June, 2000. 4. Authorized a Change Order to the 1999/2000 slurry seal contract not to exceed $41,000 to Asphalt Maintenance Company for additional streets and authorized a purchase order not to exceed $72,000 to Nelson Paving and Grading for asphalt crack filling and asphalt repair work for the 2000/2001 Slurry Seal Project. Approved Public Hearing Date of September 12, 2000, for the following: a. Final Conducting Authority hearing for Annexation No. 69 and Sphere of Influence Amendment for Lusk Elsinore, Inc. PUBLIC HEARINGS 21. Lake Elsinore Outlet Center Specific Plan Amendment No. 3, Zone Change No 00 -02 Minor Design Review No. 00 -02, and Negative Declaration No. 00 -02 Castle and Cooke California, Inc.) Resolution No. 2000 -39 and Ordinance Nos. 1066 and 1067. Community Development Director Brady advised that this item was an amendment to the Specific Plan which was adopted in 1990. He detailed the past approvals of this project and advised that this amendment basically focuses on the sign program improvements. He explained that they would like to expand their signage to better promote the center, specifically on the Collier side of the facility. He further advised that as part of the expansion, a zone change is required for a 3.5 acre portion, which would add about 300 parking spaces to the center. He noted that it would also include minor design review for the freeway identification sign; and detailed the proposed sign. He explained that it would include messages and promotions for the center and community events; and include landscaping and other elements to soften its appearance. He displayed the color board for the sign and detailed the actual colors to be used on the sign. He indicated that the Planning Commission had recommended approval of this request and detailed one minor change to Condition # 13 being the addition of the following verbiage: "Agreement would have to be completed prior to final permit for installation of the sign." Mayor Brinley opened the public hearing at 7:31 p.m., asking those persons in favor of this project to speak. The following person spoke: Steven DeBranch, representing Castle and Cooke, indicated that he was present to thank the Council and City staff for their attention to this request. He advised that they have been working on this project for about a year and feel that it will enhance the marketability of the center as a destination spot in Southern California. PAGE FOUR - CITY COUNCIL MINUTES - AUGUST 22, 2000 Mayor Brinley asked those persons in opposition to this project to speak. Hearing no one, the public hearing was closed at 7:35 p.m. City Clerk Kasad reported no written correspondence on this matter. Councilman Schiffner indicated that all of the details had been worked out with staff and it seemed to be generally desirable for the improvement of the Center. He commented that he was happy to approve the changes. Councilman Metze noted that he originally requested that this item be delayed, and thanked Castle and Cooke, and their management team for their cooperation. He indicated that he met with them because he wanted to have a comfort level that they would be putting more into the Center, than in the past; and he now had more of a comfort level that this would occur. He expressed belief that the new owners and team would do a fantastic job. He addressed Condition # 13 and indicated that they might not always be the owner or the management team and questioned if it would be appropriate to leave the sign matter up to staff. He indicated that he wanted the wording in the agreement to allot time to the City that would meet or beat the time received on the existing 76 sign; expressing concern that the City would hear complaints if this was not the case. Community Development Director Brady indicated that a copy of the existing agreement had been sent to the applicant for review. Councilman Metze indicated that he was satisfied with the time granted on the existing sign and would like to see at least the same amount of time on this sign, as it would be of more use to the City. Community Development Director Brady suggested that the Condition could be amended. Councilman Metze inquired how much time is allotted on the existing sign. City Manager Watenpaugh indicated that the City is allotted 25% of the time per hour. Councilman Metze suggested verbiage that this sign meet or exceed that level. Mr. DeBranch indicated that the 25% would be an issue; noting that with nearly 100 stores it could seriously impact the existing tenants at the Center. Councilman Metze and Mr. DeBranch extensively discussed the 25% issue. Councilman Metze indicated that it was hard to believe that 25% is a make or break situation; and suggested that the community deserves that time. Mr. DeBranch indicated that he could not say how the time would be allotted at this time, as he is not the marketing expert and the negotiations with the future operator have not been completed. Councilman Metze expressed concern for this issue, noting that tax dollars subsidize the center. Mayor Pro Tem Pape questioned how the time would be divided. Mr. DeBranch indicated that those decisions have not been reached; but suggested that they would entertain the use of the sign by the City to promote community events. Mayor Brinley concurred with Councilman Metze, but concurred that the 76 Station was a different scenario. She stressed the importance of finding a fair way to allocate the time; and suggested further negotiations with staff. Councilman Metze questioned the direction to be given to staff on this issue and complimented staff on the revised conditions of approval. He indicated that he would prefer that format for all future staff reports, as it makes it easier to get through the material. PAGE FIVE - CITY COUNCIL MINUTES - AUGUST 22, 2000 Councilwoman Kelley thanked City staff and the Planning Commission for the great job they did on this project. She noted that Mr. Hilstrom who lived nearby was accommodated by the Planning Commission to address his concerns. She indicated that she had the opportunity to meet with Castle and Cooke and had no problem with the expansion or the sign. She expressed understanding of the difficulty in representing 100 stores; and indicated that she did not see this as a reason to hold up the project if staff feels they can come to a reasonable resolution. She suggested having staff bring the agreement back for further consideration. Mayor Pro Tem Pape commented that it was obvious that the extra parking spaces would be a benefit, particularly during the Christmas holiday traffic. He noted that he had questioned regarding the block wall, but they had been clarified by staff. He indicated that with regard to the time allotted on the sign, he had no strong feeling either way, but if it was possible to promote some activities within the City, it would be a benefit. Mayor Brinley indicated that her only comments were with regard to the color of the sign. She addressed the tree in the rendering and questioned the size to be planted. Mr. DeBranch indicated that they were planning on planting 48" box Sycamore trees. She indicated that this will be a new and exciting time for the Outlet Center and noted their contributions in sales tax dollars. She noted that the total sales tax dollars for the City were up over 14.2% over the last quarter; and noted that much of this was due to the Outlet Center. She indicated that she would like to see the sign issue resolved as soon as possible, but it might be possible to let staff resolve the issues and bring the agreement back for consideration. Councilman Metze indicated that he would hate to see this sign have to come back to Council, but he would like the issues resolved prior to the sign being turned on. He stressed that the Outlet Center has been a going concern for many years and was doing great until it changed ownership several times. He indicated that he had been given a comfort level, but there were no guarantees that this company would be here to proceed with the proposed work. He stressed that the City is still subsidizing the center and that the sign would not be a make or break issues. Mayor Brinley clarified the efforts to have the sign include all of the stores. She suggested that the Council make a motion to include sending this condition back to staff to find a workable process and return to the Council. Councilman Metze indicated that he was not opposed to the sign. Mayor Pro Tern Pape suggested a subcommittee of two Councilmembers to address it and if agreement can not be reached then the final agreement would go back to the Council. Mayor Brinley suggested that Councilmembers Metze and Schiffner address this condition with Community Development Director Brady. MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE CERTIFIED NEGATIVE DECLARATION NO. 00-02 BY ADOPTING RESOLUTION NO. 2000-39; AND APPROVE ZONE CHANGE NO. 00-02 BY ADOPTING ORDINANCE NO. 1066 UPON FIRST READING BY TITLE ONLY: PAGE SIX - CITY COUNCIL MINUTES - AUGUST 22, 2000 RESOLUTION NO. 2000-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING NEGATIVE DECLARATION NO. 00-02. ORDINANCE NO. 1066 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 00-02 TO CHANGE THE ZONING DESIGNATION OF APN 389- 022 -001, FROM M -1 (LIMITED MANUFACTURING DISTRICT) TO "LAKE ELSINORE OUTLET CENTER SPECIFIC PLAN. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE MOVED BY METZE, SECONDED BY BRINLEY TO APPROVE LAKE ELSINORE SPECIFIC PLAN AMENDMENT NO.3 BY ADOPTING ORDINANCE NO. 1067, WITH CONDITION #13 MODIFIED TO INCLUDE VERBIAGE THAT COUNCILMEMBERS METZE AND SCHIFFNER WILL WORK WITH CITY STAFF TO COME UP WITH AN APPROPRIATE ALLOTTMENT OF TIME; AND APPROVED MINOR DESIGN REVIEW NO. 00-02 BASED ON THE FINDINGS AND CONDITIONS OF APPROVAL LISTED BELOW: ORDINANCE NO. 1067 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFONRIA, APPROVING AMENDMENT NO. 3 TO THE LAKE ELSINORE OUTLET CENTER SPECIFIC PLAN, TO EXPAND THE OVERALL SPECIFIC PLAN AREA BY 3.5 ACRES TO PROVIDE ADDITIONAL PARKING AND AMEND THE SIGNAGE GUIDELINE3S AND STANDARDS CONTAINED IN THE SPECIFIC PLAN. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS : KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY PAGE SEVEN - CITY COUNCIL MINUTES - AUGUST 229 2000 NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE FINDINGS — NEGATIVE DECLARATION NO. 00-02 1. Negative Declaration No. 00 -02 has been prepared, submitted and reviewed in accordance with requirements of the California Environmental Quality Act and the City's CEQA requirements, and are complete and adequate in their evaluation of all environmental effects of the Lake Elsinore Outlet Center Specific Plan Amendment No. 3 and associated discretionary approvals. The Lake Elsinore Specific Plan Amendment No. 3 and associated discretionary approvals will not result in any significant and unavoidable impacts. 2. The proposed applications will not have impacts that are individually limited but cumulatively considerable. Given that project impacts are insignificant, cumulative impacts are not foreseen. 3. The proposed applications do not have the potential to adversely affect humans, either directly or indirectly. FINDINGS — ZONE CHANGE NO. 00-02 1. Zone Change No. 00 -02 will not be: a) detrimental to the health, safety, comfort or general welfare of persons residing or working within the neighborhood of the proposed Zone Change area or within the City, or b) injurious to property or improvements in the neighborhood or within the City. 2. Zone Change No. 00 -02 will be consistent with the Goals, Objectives, and Policies of the General Plan and standards established in the Municipal Code. 3. Zone Change No. 00 -02 will not have a significant effect on the environment. FINDINGS — LAKE ELSINORE OUTLET CENTER SPECIFIC PLAN AMENDMENT NO.3 1. Specific Plan Amendment No. 3 meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 et sea. of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. 2. Specific Plan Amendment No. 3 shall be implemented consistently with the Goals, Policies and Objectives of the General Plan; and with any other applicable plans or policies adopted by the City. 3. Those issues, standards, guidelines, etc. not addressed in Specific Plan Amendment No. 3 will revert to the 1990 Lake Elsinore Outlet Center Specific PAGE EIGHT - CITY COUNCIL MINUTES - AUGUST 22, 2000 Plan, 1993 Specific Plan Amendment No. 1, 1994 Specific Plan Amendment No. 2, and/or City Municipal Code in effect at the time future development is proposed. 4. Development standards and regulations contained in Specific Plan Amendment No. 3 supersede applicable City ordinances and codes, unless specifically stated to the contrary. Approval of Specific Plan Amendment No. 3 shall not be interpreted as waiving compliance with other Federal or State laws or City Codes. 5. Specific Plan Amendment No. 3 allows future development to be well - integrated with its surroundings. 6. Specific Plan Amendment No. 3 will be adequately serviced by existing and/or future public facilities and services. 7. Overall design of Specific Plan Amendment No. 3 will produce attractive, efficient and stable development. 8. Specific Plan Amendment No. 3 will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working near the project area or within the City, nor will it be injurious to property or improvements in the project area or within the City. FINDINGS - MINOR DESIGN REVIEW NO. 00-02 1. Subject to the attached Conditions of Approval, Minor Design Review No. 00- 02 is not anticipated to result in any significant adverse environmental impacts. 2. Minor Design Review No. 00 -02 complies with the Goals, Objectives and policies of the General Plan, and the Lake Elsinore Outlet Center Specific Plan in which it is located. 3. Minor Design Review No. 00 -02 allows the proposed Freeway Electric Message Sign to be well- integrated with its surroundings. 4. Minor Design Review No. 00 -02 will allow the proposed Freeway Electric Message Sign to be attractive and stable. 5. Minor Design Review No. 00 -02 will not be detrimental to the public's health, safety, or general welfare. CONDITIONS OF APPROVAL Planning Division Conditions Within 30 Days After City Council Approval 1. Draft Lake Elsinore Outlet Center Specific Plan Amendment No. 3 shall be PAGE NINE - CITY COUNCIL MINUTES - AUGUST 22, 2000 revised to incorporate any corrections and/or changes required by the Planning Commission and /or City Council. Five copies of the Final Lake Elsinore Outlet Center Specific Plan Amendment No. 3 document shall be submitted in three- ringed binders for review and approval by the Community Development Director or designee within 30 days of approval by the City Council. No permit shall be issued until the Lake Elsinore Outlet Center Specific Plan Amendment No. 3 document and any required revisions are administratively approved by the Community Development Director or designee. Throughout Project Implementation 2. Those issues, standards, guidelines, etc. not addressed in the Lake Elsinore Outlet Center Specific Plan, as amended by Specific Plan Amendment Nos. 1, 2, and 3, will revert to the City Municipal Code in effect at the time future development is proposed. 3. Those conditions of approvals established with the Lake Elsinore Outlet Center Specific Plan and Specific Plan Amendment Nos. 1, 2, and 3 shall continue to be implemented. 4. The applicant shall continue to implement those mitigation measures identified in the Mitigation Monitoring Program adopted with the Lake Elsinore Outlet Center Specific Plan and Specific Plan Amendment No. 1 Mitigated Negative Declaration. 5. Parking lot sweeping shall not be allowed prior to 7:00 AM within areas closer than 750 feet of a residential use. Prior to Issuance of Grading Permit 6. The applicant shall prepare a photometric study for those light standards located in the proposed 3.5 -acre expansion area parking lot. Said study shall ensure that parking lights will not disturb neighboring land uses and shall be approved by the Community Development Director or designee. 7. The applicant shall pay appropriate Stephen's kangaroo rat fees to the City at an amount of $500 per acre. 8. The applicant shall acquire all necessary approvals and clearances from the U.S. Army Corps of Engineers and California Department of Fish and Game as appropriate. Prior to Issuance of Building Permit 9. The applicant shall obtain all necessary Caltrans clearances and approvals, prior to construction of the proposed Freeway Electric Message Sign. 10.The applicant shall acquire building permits for the proposed Entrance Monument Signs, Freeway Electric Message Sign, Internal Site Identification PAGE TEN - CITY COUNCIL MINUTES - AUGUST 22, 2000 Monument Sign, Internal Courtyard Tenant Signs, and Exterior Tenant Signs. 11.The final landscaping/ir,igation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check Fee will be charged prior to final landscape approval based on the Consultant's fee plus 40 percent. • All planting areas shall have permanent and automatic sprinkler system with 100 percent plant and grass coverage using a combination of drip and conventional irrigation methods. • Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of 40 feet apart and at least 24 -inch box in size. • All planting areas shall be separated from paved areas with a 6 -inch high and 6 -inch wide concrete curb. • Planting within 15 feet of ingress /egress points shall be no higher than 36 inches. • Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50 percent parking lot shading in 15 years. • Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. • The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. • All landscape improvements shall be bonded 100 percent for material and labor for two years from installation sign -off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years. • All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. • Final landscape plan must be consistent with approved site plan. • Final landscape plan must include planting and irrigation details. Prior to Issuance of Certificate of Occupancy 12.The applicant shall provide all project - related onsite and offsite improvements PAGE ELEVEN - CITY COUNCIL MINUTES - AUGUST 22, 2000 as described in the Lake Elsinore Specific Plan Amendment No. 3 document. 13.The City and applicant shall enter into an agreement which allows the City to advertise City- sponsored events on the Freeway Electric Message Sign. The agreement shall be reviewed and approved by two representatives of the City Council prior to final permit inspection. 14.All parking spaces shall be double- striped. 15.The applicant shall coordinate with neighboring residence to the southeast to ensure a six -foot masonry wall is provided to separate the expansion parking area from said residence. The applicant shall provide the six -foot masonry wall if an agreement with the neighboring residence can not be reached. 16.The applicant shall install signs within the proposed 3.5 -acre expansion parking area which prohibit delivery trucks from blowing their horns during night -time hours. Store tenants shall also notify their delivery truck drivers that horns shall not be blown during night -time hours. Prior to Issuance of Slgn Permit 17.The applicant shall acquire sign permits for the proposed Entrance Monument Signs, Freeway Electric Message Sign, Internal Site Identification Monument Sign, Internal Courtyard Tenant Signs, Exterior Tenant Signs, and Directories and Path Finder Signs. Prior to Issuance of Temporary Sign Permit 18.The applicant shall acquire temporary sign permits for the proposed Interim Tenant Signs and any banner and /or flag. Engineering Division Conditions Prior to Issuance of Grading Permit 19.If grading exceeds 50 cubic yards or the existing flow pattern is substantially modified, grading plans shall be prepared by a California Registered Civil Engineer and approved prior to grading permit issuance. Said grading plans shall also indicate how the proposed 3.5 -acre expansion parking area will be raised to accommodate entry off of Collier Avenue. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 20.The applicant shall prepare a street improvement plan that requires Community Development Director and City Engineer approval and which addresses the following: • Relocates the street entry to the proposed 3.5 -acre expansion parking area along Collier Avenue approximately 130 feet to the north, away from existing residence to the southeast. PAGE TWELVE - CITY COUNCIL MINUTES - AUGUST 22, 2000 • Redesign parking spaces and aisles to accommodate relocated street entry. • Describe new median break along Collier Avenue that is required to accommodate new full- access entry for the proposed expansion parking area. • A proposed street monument sign identifying the Outlet Center shall be installed at the relocated street entry along Collier Avenue. 21.The applicant shall accept and convey offsite drainage flows subject to approval by the City Engineer. As part of grading plans, the applicant shall indicate how the existing "V" drainage channel which fronts the 3.5 -acre expansion parking area along Collier Avenue and neighboring southeastern parcel will be undergrounded. Prior to Issuance of Building Permit 22.All City Public Works requirements shall be complied with as a condition of development as specified in the City Municipal Code. 23.The Collier Avenue Street Improvement Plan must be modified to accommodate the full entry entrance being proposed for the expansion area parking lot. Said modification shall be approved by the City Engineer. An encroachment permit must be issued prior to any construction. Prior to Issuance of Certificate of Occupancy 24.The applicant shall pay all fees and meet requirements of the encroachment permit issued by the City Engineering Division that is required for construction of offsite public works improvements (LEMC 12.08, Resolution 83 -78). GENERAL CONDITIONS 25.The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its officials, officers, employees, and agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeals boards, or legislative body concerning the Lake Elsinore Outlet Center Specific Plan; Specific Plan Amendment Nos. 1, 2, and 3; Zone Change No. 00 -02; Minor Design Review No. 00 -02; and Negative Declaration No. 00 -02, which action is brought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully in the defense. If the City fails to promptly notify the applicant of any such claim, action, or proceeding, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. PAGE THIRTEEN - CITY COUNCIL MINUTES - AUGUST 229 2000 22. Vesting Tentative Tract Map No 23848 -9 10 and 11 Amendment No. 1 Cottonwood Hills Specific Plan. Community Development Director Brady noted that this development will be called Canyon Hills. He detailed the past approvals and explained that this action will reconfigure 77 acres of the tract map, including the street layout and the number of lots in the area. He advised that there would be a total of 252 single - family lots; and provided an overview of the location of this tract. He advised that only one condition would be amended in this map, being Condition #74, with regard to when the traffic signal would be installed. He explained that it was originally to be activated with the 50`t' home, however the Planning Commission changed it to the 100' home. He indicated that the Planning Commission reviewed this proposal and recommended approval. Mayor Pro Tem Pape questioned the traffic signal issue further, and inquired if it would be operational with the 100`x' home. Community Development Director Brady confirmed that it must be operational by the 100' home. .Mayor Brinley opened the public hearing at 7:55 p.m. asking those persons in favor of this project to speak. The following person spoke: Jim Mullins, representing Pardee Construction, explained that this was an amendment to the Tentative Tract Map approved several years ago; and noted that it includes some of the nicest property in the specific plan area, so they want to be sure it is done right. He explained that the design separates the unit into two distinct lot sizes, and includes other qualitative improvements with intersections, view lots and the total volume of grading. He suggested that it was a substantial improvement over the old design. Mayor Brinley asked those persons in opposition to the project to speak. Hearing no one, the public hearing was closed at 8:00 p.m. City Clerk Kasad reported no written correspondence on this matter. Mayor Pro Tem Pape questioned the view lots and larger lots, and the related topography. Mr. Mullins pointed out the areas of the highest ground for development with rather dramatic slopes. He indicated that there was a tremendous opportunity for views of the valley and toward Menifee. He also noted the open space which will be beyond the creek, and showed specific areas above a large slope which would look out over the valley. Mayor Pro Tem Pape questioned the size of the homes. Mr. Mullins indicated that they were still considering the sites, but they will allow for some good sized homes. Councilwoman Kelley noted that she had questions earlier this afternoon regarding the tot lot and the open space area; however those concerns were answered. She noted that she had only seen the tot lot and questioned the additional open space; so staff clarified the location of other open space. She indicated that she appreciates the fact that this project has been PAGE FOURTEEN - CITY COUNCIL MINUTES - AUGUST 22, 2000 downsized and avoids four way stops. Councilman Metze indicated that this project includes some definite improvements, like the cul -de -sac and open space areas; and it should be a beautiful project. He addressed page 11 of 39 and noted it would reflect 100 instead or 50; and reiterated that he likes to see the changes presented as they are in this item. Councilman Schiffner indicated that this was an approval of a change, which seemed better, reduced density, elimination of four way stops; and overall it was a big improvement. Mayor Brinley addressed the signage program and noted that there used to be a condition that advertising was to include a reference to the City of Lake Elsinore. Community Development Director Brady requested clarification of this condition. Mayor Brinley clarified that the intent was to require that the signs include the City of Lake Elsinore. Mr. Brady indicated that he would need to review the requirement. Councilman Schiffner questioned the use of promotional signs during sales. Mr. Brady indicated that those issues could be addressed in the Design Review process. Mayor Brinley questioned the fire station requirement. City Manager Watenpaugh noted that per the Development Agreement and Disposition and Development Agreement, they are conditioned to pay developer agreement fees. Mr. Watenpaugh indicated that he would need to review the requirements, but they are conditioned to meet the requirements of the fire department. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE VESTING TENTATIVE TRACT MAP NO. 23848 -9,10, AND 119 AMENDMENT NO. 1 BASED ON THE FOLLOWING FINDINGS, EXHIBITS 'A'THROUGH'E', 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 proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). 2. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. 3. The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). PAGE FIFTEEN - CITY COUNCIL MINUTES - AUGUST 229 2000 Planning Division Conditions 1. Vesting Tentative Tract Map No. 23848 -9, 10, & 11, 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 -9, 10, & 11, 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 -9, 10, & 11, 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 Officials, 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 -9, 10, & 11, 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, 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 shall be met during all site preparation activity. 7. Street names within the subdivision shall be approved by the Community Development Director or Designee prior to final map approval. 8. 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. 1O.Prior to final map approval of Vesting Tentative Tract Map No. 23848 -9, 10, & 11, Amendment No. 1, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and PAGE SIXTEEN - CITY COUNCIL MINUTES - AUGUST 22, 2000 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. I l.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.Applicant shall comply with all conditions of the Riverside County Fire Department. 14.Applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 15.The applicant shall provide fire buffer zones around the west, north, and south portions of the tract boundary and landscape for fire retardant and erosion control prior to issuance of the first Certificate of Occupancy. Pursuant to Section 6.2 of the Cottonwood Hills Specific Plan requiring a Fire Management Plan. 16.The applicant shall submit a Landscape & Irrigation Plan for the entire Phase 1 area prior to recordation of the Final Map. 17.The applicant shall submit a Community Lighting and OS Maintenance District plan prior to obtain the first building permit for Phase 1. 18.The applicant shall meet all minimum lot frontage requirements per the Cottonwood Hills Specific Plan. A revised map shall be submitted prior to City Council Hearing showing compliance with these minimum frontage requirements. 19.The applicant shall submit a Cottonwood Hills Signage Program prior to recordation of the Final Map. 20.The applicant shall provide data per Section 9.3e, Residential Monitoring Program, of the Cottonwood Hills Specific Plan prior to recordation of the Final Map. 21.The applicant shall comply with the Mitigating Monitoring Program setforth in the certified Environmental Impact Report. 22.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 SEVENTEEN - CITY COUNCIL MINUTES - AUGUST 22, 2000 23.The developer shall submit plans to the electric utility company 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. 24.The applicant shall meet all requirements of the providing electric utility company. 25.The applicant shall meet all requirements of the providing gas utility company. 26.The applicant shall meet all requirements of the providing telephone utility company. 27.All trailers used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. 28.A Homeowners Association shall be established prior to Final Map approval. 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. 29.Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading 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. 30.All future structural development associated with this map requires separate Design Review approval. 31.Prior to issuance of any grading permit and/or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 32.The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. PAGE EIGHTEEN - CITY COUNCIL MINUTES - AUGUST 22, 2000 Engineering Division Conditions 33.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. 34.Tentative tract 23848 -9, 10, & 11 Amendment # 1 shall be subject to all applicable conditions of approval of tentative tract 23848 (Cottonwood Hills Development). 35.Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). 36.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. 37.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). 38.Street improvement plans and specifications shall be prepared by 'a Calif. 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). 39.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. 40.Desirable grade for local streets is 9 %. The maximum grade of 15% should only be used because of design constraints. 41.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). 42.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 '' /z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 43.Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval. 44.Provide fire protection facilities as required in writing by Riverside County Fire. 45.Provide street lighting and show lighting improvements as part of street PAGE NINETEEN - CITY COUNCIL MINUTES - AUGUST 22, 2000 improvement plans as required by the City Engineer. 46.Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 47.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. 48.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. 49.All utilities except electrical over 12 kV shall be placed underground, as approved by the serving utility. 50.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. 51.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 52.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. 53.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. 54.0n -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 ". 55.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. 56.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. 57.All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. PAGE TWENTY - CITY COUNCIL MINUTES- AUGUST 22, 2000 58.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. 59.10 -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. 60.Roof and yard drains will not be allowed to outlet through cuts in the street curb. 61.A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run -off on private property. 62.Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 63.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. 64.1ntersection 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. 65.Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 66.Cottonwood Hills Rd. from Railroad Canyon Rd. to Lost Rd. and Lost Road south of Cottonwood Hills Rd. shall be improved as each phase is constructed as specified in the letter of March 30, 1999 from Project Design Consultants. 67.Loca1 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. 68.Developer shall install two benchmarks in accordance with Riverside County Standards and at a location to be determined by the City Engineer. 69.No residential lot shall front and access shall be restricted on Lost Road and so noted on the final map. 70.The applicant shall record CC & R's for the project prohibiting on- street PAGE TWENTY -ONE - CITY COUNCIL MINUTES - AUGUST 22, 2000 storage of boats, motor homes, trailers and trucks over one (1) ton capacity. The 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 future units. 71.The residential lots adjacent to large open space lots shall be have an area in the open space lot designated as a fuel modification zone for a firebreak to be maintained by a homeowner's association. 72.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. 73.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. 74.Applicant shall install a stop sign at the intersection of Lost Road & Cedarhill Lane when the elementary school opens. The Developer shall install a traffic signal at the intersection of Lost Road & Cedarhill Lane and the traffic signal shall be operational at the occupancy of the 50v' unit. 23. Zoning Code Amendment (ZCA) No. 00 -01, Amendment to Sections 17.94.090 and 17.94.150 of the Lake Elsinore Municipal Code. Ordinance No. 1068. Community Development Director Brady explained the proposed amendment to a very specific portion of the City's sign regulations. He advised that the temporary sign regulations were reviewed by the Planning Commission and staff with regard to modifications dealing with temporary types of signs, particularly balloons. He detailed the proposed changes on weekends and holidays, and noted that pennants and flags were also addressed. He indicated that banners have been allowed up to four times per year with a permit, and noted that the Commission wanted to make them consistent. He explained that there would be an allowance for thirty - . PAGE TWENTY -TWO - CITY COUNCIL MINUTES - AUGUST 22, 2000 consecutive days. He noted the safety concerns which would relate to window coverage. He identified corrections on page two of the staff report under Item D, #1, relating to pennants or flags; to read at least 30 days; and noted that the same wording would apply in Section 4 under "at least 30 days ". He further identified a change in Item E, noting that "steel" should be changed to "metal ". Mayor Brinley opened the public hearing at 8:10 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 8:11 p.m. City Clerk Kasad reported no written correspondence on this matter. Councilwoman Kelley noted that this Ordinance was discussed extensively at the Study Session, and reiterated that it would be a temporary regulation. She noted that it was suggested that a joint study session be held with the Planning Commission; and indicated that under those circumstances, she had no problem with a temporary ordinance and a Joint Study Session. She noted that she had questions with regard to the sign coverage of window areas and suggested monitoring this issue further. Councilman Schiffner clarified for those listening that this would be a temporary action to address obvious problems; but stressed that there was the intent to have a complete study of this Ordinance and encouraged anyone interested to come in and make their comments known on a speak now or forever hold your peace basis. He indicated that once the Ordinance is in place, it will probably take some heavy action toward enforcement. He commented that it was inappropriate to have heavy window coverage which limits the police department. He expressed hopes that everyone would get involved to develop an Ordinance which is acceptable to all; followed by a sweep to enforce the new Ordinance. Councilman Metze noted the staff report and complimented the Planning Commission on their consideration of this item. He expressed curiosity as to whether a major signage study session would be held. City Manager Watenpaugh indicated that was the reason for the temporary Ordinance, which would allow for a little more business friendly stance on inflatable signage. He explained that it would take a few months to revise the entire sign Ordinance, but this will allow the process to move forward. Mayor Brinley noted the Code Enforcement problems in responding to out of conformance signs and suggested a stronger Ordinance; but also noted the importance of making the requirements more efficient, versatile and flexible. Councilman Metze questioned the problems with the rest of the Sign Ordinance. City Manager Watenpaugh advised that there was a need to revise and clean up the entire Ordinance, and noted that staff had no flexibility to allow some things in any manner. He indicated that it would also allow for a more immediate response to situations. Councilman Metze PAGE TWENTY -THREE - CITY COUNCIL MINUTES - AUGUST 22, 2000 reiterated that the Planning Commission did a great job on this Ordinance. Councilman Schiffner stressed that this Ordinance was temporary, because another change is contemplated. Mayor Pro Tem Pape inquired with regard to item C regarding a "flashing sign" and as to why it was included. Community Development Director Brady indicated that it was a potential safety issue with regard to traffic, but would still allow signs like the message sign approved for the Outlet Center. Mayor Pro Tem Pape suggested a more extensive definition of "flashing signage ". Mr. Brady clarified that this type of signage would have to be specifically allowed. Mayor Pro Tem Pape questioned page 2, item 2 regarding whether verbiage was required which would not allow banners to substitute for permanent signs. He also noted that this ordinance would make the time limitations more restrictive. Community Development Director Brady indicated that the current ordinance allows a 30 day period with a permit each time. He noted that there was also some concern for the aesthetics of the colors, signs, etc., so the Commission wanted to make a consistency between the time for balloons and banner signs. Mayor Pro Tem Pape addressed page three, item E and questioned the need for a permit for sandwich type signs and questioned the cost. Mr. Brady indicated that he was not certain of the cost, but believed it to be about $50, once a year. Mayor Brinley noted that several businessmen have had problems with Code Enforcement on their balloons and noted their usefulness for marketing. She noted that it was felt that it was time to go back and review the Sign Ordinance, as it has been 6 or 7 years since it was last reviewed in its entirety. Councilman Metze suggested that it was more important to give Code Enforcement a better legal process to clear up the matters more expeditiously; noting that some take over a year to resolve. Mayor Brinley inquired if the ordinance would include the Downtown Overlay District. Community Development Director Brady indicated that the existing sign regulations are City -wide, but specific plans and overlay districts can carry additional sign regulations. He clarified the application of additional regulations for signage in those areas. Mayor Brinley suggested looking at a study session in the 2nd or 3'd week in October to give staff enough time to prepare appropriate verbiage. City Attorney Leibold clarified that staff would anticipate that the administrative citation procedure would be a separate section of the Code, not specifically related to the sign code. City Manager Watenpaugh inquired if the Council would prefer to have the Ordinance revised before the major study session. Mayor Brinley suggested having a set of ideas together for consideration and a basis from which to start. She indicated that she would like to see staff notify the business community of the study session and invite their participation. Councilman Schiffner suggested a rough draft of the proposed changes. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1068 UPON FIRST READING BY TITLE ONLY, AS AMENDED BY COMMUNITY DEVELOPMENT DIRECTOR BRADY. PAGE TWENTY -FOUR - CITY COUNCIL MINUTES - AUGUST 22, 2000 ORDINANCE NO. 1068 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING EXISTING CHAPTER 17.94.090 AND 17.94.150 OF THE LAKE ELSINORE MUNICIPAL CODE IN ITS ENTIRETY AND ADDING A NEW UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 31. Blast from the Past. City Manager Watenpaugh highlighted the staff report on this item and explained the past procedures for waiver of fees on events such as this. He explained that this was a request for co- sponsorship of an even to benefit Cops for Kids. He clarified that the waiver of fees would be for everything except staff costs and cleaning fees. He detailed the overall costs and the costs to be waived, being $1,750 total cost, waiver of $1,150, and a balance of $650 to be paid by the event organizers and sponsors. Mayor Brinley detailed some of the sponsors who had agreed to participate and announced that the event would be held on October 28' at the Lake Community Center. Mayor Brinley commented on the success of the past events and explained that this would be a fun event with the decor and dress of the 1950's. She announced that the price would be $25 per person and the event would run from 8 p.m .to 1 a.m. She advised that light finger foods would be served. She indicated that they have received a great response from the business community for assistance and sponsorship and detailed some of the participants. She requested community and Council support for the event. City Manager Watenpaugh noted that the staff report requests Council approval for the sale of alcohol and a partial street closure for the display of muscle cars. Councilwoman Kelley indicated that she had no problem with this event and was pleased to see this type of events in the community. Councilman Metze commented that the hard costs were being covered, so PAGE TWENTY -FIVE - CITY COUNCIL MINUTES - AUGUST 22, 2000 they were only requesting a waiver of building use. He indicated that this was similar to past actions and said he saw no problem with approving it. Councilman Schiffner inquired if the hard costs were still paid by the other sponsors of the event. City Manager Watenpaugh confirmed. Councilman Schiffner inquired if the City would also be sharing in the costs. Mr. Watenpaugh indicated that the City would sponsor through waiver of fees, with no payment of cash. Mayor Pro Tem Pape indicated that he was in support of the event. MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE COSPONSORSHIP OF THE 'BLAST FROM THE PAST" EVENT SCHEDULED FOR OCTOBER 28, 2000 AND WAIVE ALL FACILITY RENTAL FEES AND DAMAGE DEPOSITS; APPROVE THE SALE OF ALCOHOL AT THE EVENT AND APPROVE THE STREET CLOSURE OF GRAHAM AVENEU FROM SPRING STREET TO LANGSTAFF STREET AS ADDITIONAL PARKING FOR THE EVENT. ITEM PULLED FROM THE CONSENT CALENDAR Minutes b. Regular City Council Meeting - August 8, 2000. Councilman Schiffner requested a correction of Pages 5 and 11 in reference to the Animal Control Contract, noting that the funded amount should be $85,000, rather than the $80,000 listed in the minutes. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE MINUTES AS CORRECTED. THE CITY COUNCIL MEETING WAS RECESSED AT 8:34 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:40 P.M. PUBLIC COMMENTS — NON - AGENDIZED ITEMS Mike Curran, 10462 Russell Ave., Garden Grove, indicated that he owns Integrity Enterprises, which came to Lake Elsinore in November of 1998 and bought 12 of 20 duplexes on Joy Street. He indicated that they have tried to significantly upgrade those units and turn them from rentals into low cost housing. He noted that he had received tremendous support from the Police Department; however recently received five registered mail citations for his properties, which indicated that they were Final Notices of Violation. He indicated that upon receipt of the citations he had to make three trips between City Hall and the Police Department to address his concerns. He noted that he had problems with trash removal after some of the residents moved, but a Lake Elsinore gardener is paid to care for the PAGE TWENTY -SIX - CITY COUNCIL MINUTES - AUGUST 22, 2000 properties, so the violation of overgrown weeds was not accurate. He stressed that they were trying to be good citizens of the community. Mayor Brinley referred Mr. Curran to Police Chief Walsh and the City Manager. Ted Garcia, 29042 Stoneridge Terrace, requested a crosswalk on Stoneridge Terrace at Mountain Street. He noted an accident on August 10`x` when a small girl was hurt, and stressed that the school bus stops there and there are no signs requiring that the motorists slow down. He expressed concern for the children of the neighborhood. Councilman Metze indicated that staff would follow -up on this request. Debbie Crawford, 15135 Knollwood Street, President of Elsinore Valley Arts Network, encouraged attendance at the Music with a View concert series. She indicated that the first two concerts had great attendance with 500 and 700 people; and everyone had a fabulous time. She detailed the upcoming concerts, and noted that there would be no concert on the Labor Day weekend. She stressed that the concerts are free and detailed the time and location of the concerts. Leroy Tucker, 3532 Cherry Blossom Lane, noted that the Council approved having a consultant look at the campground for operations; and expressed hopes that more than one company was lined up to review it. He suggested that 75 years was too long for a lease and indicated that 15 years should be plenty. He also noted the meeting regarding the Riverside County Integrated Plan, and agreed it was time to think about human habitat, rather than wiping out City land, just because of a rat or a bird. He indicated that the water fowl and animals will find places to go, where they can obtain food and water. He addressed Councilwoman Kelley and noted that he was the first to come before the Council and talk about a skateboard park for the young people, but indicated that he was not sure they would be able to use the proposed facility. Ace Vallejos, 15231 Cobre, resident of Cleveland Ridge, addressed the districting initiative and indicated that he was interested as a resident that was wanted for annexation. He suggested that the Lake was unique and a natural division for the area, which makes districting important. He indicated that it was not necessary to be a City resident in order to circulate a petition and suggested interested parties call 678 -4049 for petitions. Chris Hyland, 15191 Wavecrest addressed Councilman Metze and indicated that she was sick and tired of him trying to humiliate her. She thanked him for indicating that Lake Elsinore was a blighted City; and suggested that the City was being investigated by the State because it had not addressed the blighted areas. She indicated that the Council does not properly address its constituents, and stressed that she would get the petitions signed and get rid of the Council. She indicated that the residents of Cleveland Ridge don't want to be in the City, and questioned why they would, as she wouldn't if she lived in those areas. She reiterated that the residents of Lakeland Village could help get signatures for the petitions. She expressed concern that many people in the community are not registered to vote; but indicated that she was checking every signature and would get rid of the Council. She indicated that she had enough insults, and suggested PAGE TWENTY -SEVEN - CITY COUNCIL MINUTES - AUGUST 22, 2000 that the Council did not have the professional ability to decide how to handle the peoples' money. She indicated that she was not insulted by the Council's comments, as she knew who she was. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Congratulated the Girls Softball team, its coaches and sponsors on their successes. 2) Thanked Chuck Sacks for his efforts to market the community and the Lake. 3) Expressed sympathy for the family of the recent drowning victim in the Lake; and indicated that the City had made efforts to address the concerns. He expressed hopes for public assistance in encouraging safe use of the water, particularly with the upcoming Labor Day weekend. He stressed safe enjoyment of the Lake. CITY ATTORNEY COMMENTS City Attorney Leibold announced the Closed Sessions as listed on the agenda and noted that Item A would not be discussed at this meeting. She further noted the Special Meeting Notice and indicated that the Council would need to call that meeting to order separately for consideration of the three additional items. COMMITTEE REPORTS California Joint Powers Insurance Authority - Councilwoman Kelley - No report. Crime Free Multi- Housing Project - Mayor Brinley - No report. Economic Development Corporation of Southwest Riverside County - Councilman Schiffner - No report. Lake Elsinore and San Jacinto Watersheds Authority - Mayor Brinley - No report. Lake Elsinore Chamber of Commerce Economic Development Committee - Councilman Metze announced that the EDC had extended an invitation to everyone to attend the 4' arnual appreciation luncheon on September 14' from 11:30 a.m. to 1:30 p.m. at ty_e Sizzler Restaurant. He indicated that the cost was $25 per person and RSVP's should be made to the Chamber office. He announced that the keynote speaker would be Sunli Aravelis from the UCR business marketing program. He slresscd that the EDC is a vital part of the economic development of the community; and encouraged attendance at the luncheon. PAGE TWENTY -EIGHT - CITY COUNCIL MINUTES - AUGUST 22, 2000 Multi- Species Habitat Committee - Councilman Schiffner - No report. Riverside County Transportation Commission - Mayor Pro Tern Pape - No report. Riverside Transit Agency - Mayor Brinley indicated that on September 8', the RTA would be offering a program at Withrow Elementary School to handprint a 40 foot bus and encouraged participation, noting that the bus would be traveling through the City from September 11' through 15'x'. Satisfy 2020 Committee - Councilwoman Kelley indicated that the Satisfy 2020 Committee was going to be scheduling a Study Session with the Council in the near future. She explained that the discussions had reached a point where it was necessary to bring information back to the Council, before it could proceed further. Western Riverside Council of Governments - Mayor Brinley - No report. CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: 1) Reminded the community of the Music with a View concert series. 2) Congratulated the Girls Softball Team on their success. 3) Announced that Coach Birt of Temescal Canyon High School was recognized as Coach of the Week on Monday night football; and indicated that it was exciting to see him honored as one of the best football team coaches in the area. Mayor Pro Tern Pape commented on the following 1) Congratulated Coach Birt and noted that he was present when the award was presented. He indicated that the team was very excited about this recognition and noted they were also recognized for the academic achievement of the players, whose average gpa's are 3.4. 2) Suggested the inclusion of discussion of Proposition 12 money for cities be included in an upcoming Study Session. He noted that the City should received a little over $180,000 and suggested that it would make sense to look at options and put together ideas for equipment in existing parks or the development of a tot lot or the skateboard park. He stressed that it was important to look at costs and prioritize projects. Councilman Schiffner commented on the following: 1) Responded to Mr. Tucker concerning the habitat; and agreed with his PAGE TWENTY -NINE - CITY COUNCIL MINUTES - AUGUST 22, 2000 comments, but clarified what he felt was a misunderstanding of the situation. He explained that there were two agencies in the County working on a plan to satisfy the Federal Government requirements for protection of endangered species. He stressed that efforts were being made to submit a program for their acceptance. He stressed that there was an interest in protecting some 164 species and noted the types of requirements which would be imposed. He noted that the City could ultimately choose not to participate in the plan. 2) Addressed Mr. Vallejos' comments with regard to his concerns with annexation of Cleveland Ridge. He indicated that he knew of no plan in the last four years to attempt to annex any part of that property; noting that he would be totally against annexing that territory. He stressed that it was absolutely not true that there was an annexation proposed, however individuals could approach the City for annexation. He indicated that there was no reason for the City to take on such a responsibility and stressed that there was no intention of pursuing an annexation. Councilman Metze commented on the following: 1) Indicated that he hoped that people could differentiate when he was responding to a specific statement or an individual, rather than the entire citizenry. He noted that he was accused of talking to the constituents inappropriately and stressed that he was merely responding to an individual in reference to a specific comment. Mayor Brinley commented on the following: 1) Congratulated the Girls Softball Team, parents and coaches on a job well done. She noted her son's participation in organized sports and stressed the cost of participation and dedication required to support children in these activities. She expressed pride in having the girls represent the City of Lake Elsinore. 2) Addressed the Blast from the Past event and invited volunteers to help decorate for the event or help in the kitchen; noting that volunteers could contact her at City Hall or contact the Chamber of Commerce office. 3) Noted upcoming special events including the Classic Car Show on August 26" , the PRCA Rodeo on September 1 - 3, the Open Air Market on September 3`d, the Flight World event on September 7 - 10, and the Music with a View concert series on September 9' and 16". CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION PAGE THIRTY - CITY COUNCIL MINUTES - AUGUST 22, 2000 (Subdivision (a) of section 54956.9) California Bank & Trust v. City of Lake Elsinore et al (Riverside Co. Superior Court Case #344190) B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) City of Lake Elsinore vs. All Persons Interested et al, Riverside Local Agency Formation Commission (CASE #RIC 311942) (Cleveland Ridge). THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 9:17 P.M. FOR DISCUSSION OF ITEM B AS LISTED ABOVE. THE CITY COUNCIL MEETING RECONVENED AT 10:39 P.M. WITH NO REPORTABLE ACTION. ADJOURNMENT MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10:40 P.M. T ST: �� I KAT--,- A, MC CITY CLERK CITY OF LAKE ELSINORE MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA AUGUST 22, 2000 CALL TO ORDER The Special City Council Meeting was called to order by Mayor Brinley at 9:15 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, Legal Counsel Leibold, Administrative Services Director Boone, Community Development Director Brady, Police Chief Walsh, City Engineer O'Donnell, Information /Communications Manager Dennis, Public Works Manager Payne, Recreation and Tourism Manager Edelbrock, City Treasurer Ferro and City Clerk/Human Resources Director Kasad. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) Property: Assessor's Parcel No. 370 - 040 -028 Negotiating Parties: Ely Kass and the City of Lake Elsinore Under Negotiation: Price and Terms of Payment B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) Property: Assessor's Parcel No. 370-040-030,370-040-031, AND 370 -040- 001 Negotiating Parties: Saykr Inc. and the City of Lake Elsinore Under Negotiation: Price and Terms of Payment C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) Property: Assessor's Parcel No. 365- 030 -001 Negotiating Parties: Denis Trudeau et al. and the City of Lake Elsinore Under Negotiation: Price and Terms of Payment City Attorney Leibold announced the Closed Session items as listed above and explained that they all involved real property acquisitions for Mission Trail Right - of -way. PAGE TWO - SPECIAL CITY COUNCIL MEETING MINUTES THE SPECIAL CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 9:16 P.M. THE SPECIAL CITY COUNCIL MEETING RECONVENED AT 10:39 P.M. WITH NO REPORTABLE ACTION. ADJOURNMENT MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10:40 P.M. / 1 CITY CLERK CITY OF LAKE ELSINORE