HomeMy WebLinkAboutCC-10/24/2000MINUTES
CTTY COUNCIL/REDEVELOPMENT AGENCY
STUDY SESSION
CITY OF LAKE ELSINORE
130 SOUTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, OCTOBER 24, 2000
..............................................................................,
CALL TO ORDER
Mayor Brinley called the City Council Study Session to Order at 4:04 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, and City Clerk
Kasad.
DISCUSSION
1. A~enda Review. (F:44.1~
Presentations
Mayor Brinley stated that there would be two items added to the
Presentations. She indicated that Item b. would be a presentation far Thelma
Ball and Item c. would be Terra Cotta Middle School performing an excerpt
from Guys and Dolls. Mayor Brinley clarified that she would not have to
add these items by Council Motion. City Attorney Leibold confirmed.
Public Hearing
Mayor Brinley indicated that there was a clerical error and she would be
pulling Business Item No. 31, Tentative Parcel Map No. 29235 "Abbacy
Holding Corporation", and move this item to Public Hearing Item No. 21b.
City Attorney Leibold noted that it was noticed as a Public Hearing and was
accidentally placed under Business Items and suggested that Item No. 21
should be heard as 21a and move Item No. 31 to 21b since they are related
items. Mayor Brinley stated that Item No. 32 under Business Items would
become Item No. 31; and noted that she did not need to call for a motion
since the item was properly noticed.
City Manager Watenpaugh stated that Community Development Director
Brady and the proponent Mr. Kipp were present to answer any questions.
Councilman Schiffner questioned the dates on Page 11 of Item No. 21, of the
Ordinance, City Clerk Kasad stated that she would make sure that the
PAGE TWO - STUDY SESSION MINUTES - OCTOBER 24, 2000
right date was placed on the book copy of the Ordinance.
Councilwoman Kelley asked that when Community Development Director
Brady gave his overview of this item, that he include the background of the
Planning Commission consideration; how Mr. Kipp worked with the
residents; and where the project was regarding the concerns of the residents.
Community Development Director Brady noted the exhibits of the Canyon
Estates Specific Plan and indicated that it was adopted in 1985. He
identified the area the Specific Plan covers and noted that it does include a
12-acre parcel on the other side of the Freeway. He noted that the proposal
included a Specific Plan Amendment, Zone Change and two General Plan
Amendments. He noted that one of the first actions proposed was to take the
car dealership area out of the General Plan, since it does not have continuity
to the Specific Plan; and changing the Zone to a Commercial instead of
Specific Plan. He noted that the other aspect of the action requested is to
change the multi-family zone designation to a commercial designation and
include it in the existing commercial designation. He indicated that several
of the residents had e~ressed concem regarding the area being made a C-2
designation. He explained that there were two Town Hall Meetings with the
residents to allow them to provide input as to what type of use that they
would like to see in the G2 designation. Community Development Director
Brady stated that during the Town Hall Meetings, one of the concerns stated
was that the street would become a five-lane highway. He explained the
EIR process and noted that the traffic counts which are figured from a total
build out of the City would take appro~mately 20 years; and based on land
use throughout the City, all the surrounding tracts are coming in with a much
lower density than was originally proposed, therefore the proposed traffic
counts would never reach the numbers that are included. He stated that staff
clarified the issueS to the residents and explained that the road would not be
widened until it became necessary.
' Councilwoman Kelley asked if the residents were satisfied with the
information. Community Development Director Brady stated that the
' residents have a clear understanding that there will be no five-lane highway,
' but rather just an additional ten feet of right-of-way, if there were a need to
expand the roadway, the right-of-way would be available.
Councilman Schiffner clarified the additional area and asked if it would
allow for a turn out lane. Community Development Director Brady stated
that it would allow for two additional lanes should the need exist, however it
would be a narrower roadway than what the General Plan shows. He stated
that the applicant has agreed to provide the additional ten feet as part of the
approval of the Parcel Map.
Councilwoman Kelley asked if the residents understand that Franklin will be
opened up and will be open to through traffia Community Director Brady
stated that at the second public meeting this issue was clarified and a
PAGE THREE - STUDY SESSION MINUTES - OCTOBER 24, 2000
majority of the residents were very much in favor of Franklin being opened.
, Councilwoman Kelley asked when the City could anticipate that connection.
Community Development Director Brady stated that it would be within this
, fiscal year. He explained that the design was almost complete and they were
~ completing the acquisition for the right-of-way.
Councilman Schiffner inquired that if should Franklin be completed all the
way to Main Street to another interchange, would it still be part of this
project, or would it be planned to have another road next to the Freeway.
Community Development Director Brady indicated that it would dependant
on future land uses to dictate the ultimate design. Councilman Schiffner
stated that at some time in the future Franklin could be a connector street all
the way to Main Street. City Manager Watenpaugh stated that it could
actually go all the way to Highway 74. Mayor Brinley asked how the
proposed commercial uses were determined. Community Development
Director Brady gave an overview of the review process and explained that
they selected what were perceived to be the most compatible to the needs of
the area.
Mayor Brinley questioned the location of the Service Station. Community
Development Director Brady stated that the C-2 permits the development of
a car wash and gasoline-dispensing establishment although they would ha~e
to have Conditional Use Permits. Community Development Director Brady
stated that the residents were specific about the types of uses of the
commercial property. He noted that some of the residents would ha~e
preferred to have the zoning remain for Multi-Family Residential, however
the commercial uses that were agreed upon satisfied those same residents.
Councilman Schiffner clarified the restrictions of the Specific Plan.
Community Development Director Brady indicated that the Planning
Commission had recommended elimination of all service stations, car
washes, hotels and tenant type facilities within the area and was included as
part of the recommendations for commercial uses allowed within the zone.
He advised that the applicant had indicated that the hotel and tenants issue
was not a concern to him, however he would like the opportunity to develop
a car wash and gasoline-dispensing facility. He noted that the modification
to the condition was that only hand car washes would be allowed and the
gasoline-dispensing facilities would have to be 200 feet from any residence.
He indicated that both would be required to obtain a Conditional Use Permit.
Councilwoman Kelley asked if Mr. Kipp had businesses lined up far that
area. Mr. Kipp explained that they have prospects and explained that the
designations of uses was done to protect the City. He stated that what was
decided was what specific uses the residents need and like; and noted that
one of the items was a gas station with a mini-mart. He explained that all
the residents on that side of Railroad Canyon have to travel across Railroad
Canyon Road or go under the Freeway to get to the gas stations. He further
noted that Yhe only place to obtain a coke is the small liquor store on the
PAGE FOUR - STUDY SESSION MINUTES - OCTOBER 24, 2000
corner. He explained that the residents were in favor of the gas station and
mini-mart. He further explained that the only place the gas station could be
located was at the corner of Summerhill and Canyon Estates Drive, which is
the only parcel where a left hand turn could be made.
Mayor Brinley clarified that the gas station would be across the street from
Summerhill Park. Mr. Kipp noted that there was an EVMWD easement
between the property and the river, therefore the suggested site is the best.
Community Development Director Brady stated that the Planning
Commission recommended that those uses be eliminated. Mayor Brinley
asked for clarification. Mr. Brady eaplained that it was the Planning
Commission's concern of the association of the residential between the two
land uses. Mr. Kipp noted the proposed location of a service station and
stated that he felt that it would not be in conflict. Mayor Brinley clarified
the site and how it would impact the area. Mr. Kipp explained the process
that would be necessary to build a gas station. Community Development
Director Brady explained that if a service station were to be allowed it would
have to be as a Conditional Use, which gives the Planning Commission and
Council the ability to review the item and consider the impacts, access and
design. He noted that there are ways to designate that it could be built in a
certain area and designed a certain way.
Mayor Brinley clarified the ability for the Planning Commission and
Council to condition the location and design of the station. She noted the
gas stations in Irvine which are inverted and when a car drives by all they
see is wall and landscaping. Community Development Director Brady
concurred. Mr. Kipp e~lained that the proposed site contains a great deal
of rock and if the station were to be inverted, then it would require a great
deal of digging. He explained that when Mr. Friedman graded the property,
50% of the shoring was solid rock from the hills they blasted. He further
eaplained that the reason the dirt had never been moved was because it was
so well compacted and graded. He suggested that the site be walled all the
way around, since the property is lower than the berm and would provide
approximately 9 feet from curb to top of wall and provide the desired effect.
Community Development Director Brady stated that what was being
discussed were design issues and what should be discussed was land use.
He stated that the question is whether Council wishes to allow the use at that
location. Mayor Brinley stated that the problem with the elimination of a
service station/mini-mart would be the loss of sales tax revenue.
Councilman Schiffner stated that one of things Council was being asked to
consider was if Council wished to allow a service station/mini-mart, since
the Planning Commission took it out. He stated that the inclusion of a
service station/mini mart was fine with him since there would be no auto
repair flncluded.
Mayor Brinley stated that she addressed the design issues to inform Mr.
Kipp of her position prior to starting the process. Mr. Kipp stated that
Community Development Director Brady and Planning Manager Villa had
PAGE FIVE - STUDY SESSION MINUTES - OCTOBER 24, 2000
been a great help. He noted that he had been in attendance at all the public
hearings and Meetings to hear the concerns of the residents. He stated that it
was his intent to make his project a hallmark in the City. Community
Development Director Brady noted that if Council would wish to include the
car wash, staff would recommend a hand car wash facility with no
automation. He stated that the project would not please every single
resident, however it does answer the concerns of the majority of residents
and what they prefer. Community Development Director Brady stated that
the item also addresses the extension of Summerhill Drive and stated that it
is not feasible and asked that the item be eliminated from the Specific Plan.
He explained that the final subject to be addressed was the Parcel Map
which incorporates and divides the parcels into four sections and includes
the ten feet of right-of-way for the widening of the roadway.
Councilman Schiffner stated that he thought there was something in the
action that would include participation in a signal. Community
Development Director Brady confirmed and stated that it would address a
signal at Summerhill and Canyon Estates Drive. He noted that the signal
would be installed at some later point. Mr. Kipp stated that the signal would
be installed at the time that parcel4 is developed. Councilman Schiffner
noted a typo on item EE on page 17 of 131 and should read 10:00 p.m. to
7:00 a.m.
Mayor Brinley asked the hours of the restaurants in other areas of the City.
She questioned the fairness of the set hours; and noted that Denny's and
Hunny's are open later and questioned the difference.
Councilman Schiffner stated that it would be closer to residences and the
other restaurants are not.
Mayor Brinley stated that she would like to see the hours of operation set at
6:00 a.m. to 11:00 p.m. Community Development Director Brady stated that
the item before Council was a Specific Plan and had unique zoning. He
explained that what was suggested was consistent with what would be
allowed in a G1 zone today. He noted that a C-2 zone has no specific
restrictions, however this is not a suggested C-2 zone. Mayor Brinley asked
if the Council could change the hours to allow a potential restaurant to
compete with the other restaurants.
Councilman Schiffner asked if this was an item with which the residents had
concerns. Community Development Director Brady stated that he did not
recall any concerns on this issue.
Mayor Brinley indicated that she felt the residents would have no problem
with extending the business hours one-hour on each end of the day to allow
competition. She stated that she would make that suggestion at the meeting.
City Attorney Leibold indicated that the Council could not make the zoning
PAGE SIX - STUDY SESSION MINUTES - OCTOBER 24, 2000
designation more lenient, only more restrictive; and noted that changing the
Specific Plan was the only way it could be done. Community Development
Director Brady suggested amending Condition K by adding "or restaurants
that wish to stay open beyond the hours permitted under the permitted use"
could change the hours of business.
Councilman Schiffner stated that he would not want to place any restrictions
which would prohibit any first-class restaurant from coming in. City
Manager Watenpaugh asked for clarification. City Attorney Leibold stated
that if the hours were to be eatended it would have to be done by a
Conditional Use Permit. Council concurred that was what they would like to
do.
Mayor Brinley clarified the action that needs to be taken by Council.
Councilman Schiffner clarified the time frame on the signal.
Mayor Brinley addressed Item No. 22 regarding the request for approval of
a Resolution of Necessity and Authorization to Commence Eminent Domain
Proceedings to acquire real property necessary for the improvement of
Mission Trail.
City Attorney Leibold explained that the adoption of the Resolution of
Necessity allows the City to file a complaint of Eminent Domain. She
further explained that it doesn't preclude additional negotiations. She
indicated that the City would continue to attempt to acquire the property by
negotiating as opposed to actually going to trial. She stated that it is staff's
understanding that the property owner does not intend to appear at the public
hearing. She further indicated that he has been unwilling to accept the
appraised value offer which included the severance damages. She stated that
it was her understanding that when the County was negotiating they did not
offer severance damages. She noted that he had been offered $51,200 for the
street widening; drainage easement, which generated the severance damages;
and a utility easement. City Attorney Leibold stated that staff would
continue negotiations.
Councilman Schiffner stated that he did not want to see the project delayed.
City Attorney Leibold stated that if Council adopted the Resolution of
Necessity, she was prepared to file a complaint as early as tomorrow and
gain possession by the end of the month.
Business Items
Mayor Brinley aslced the City Manager to address Item No. 32 which was an
agreement containing Covenants affecting Real Property and Dedication,
Funding and Construction of Road Improvements.
PAGE SEVEN - STUDY SESSION MINUTES - OCTOBER 24, 2000
City Manager Watenpaugh explained that this item addressed the road right-
, of-way for the Fire Station at McVicker Park. He indicated that the City had
negotiated with the La Laguna Development to elevate the street and do full
width grading on an easement along the development property. He stated
that La Laguna would provide the entire amount of fill dirt for the street and
the Fire Station site; and that the City and La Laguna will split the cost of
' the grading which would be an additional $70,000.
, Councilman Schiffner questioned where the fill dirt would come from. City
' Manager Watenpaugh stated that part of the dirt would come from the top of
the hill on the road site and the rest from the development site.
Councilwoman Kelley questioned the status of the La Laguna Development.
City Manager Watenpaugh advised that they were in the process of finding
someone to do phase one.
Councilman Schiffner asked what this action would do to the cost of the Fire
Station. City Manager Watenpaugh stated that it would increase the overall
cost by approximately $120,000.
Redevelopment Agency
City Attorney Leibold addressed Item No. 4 regarding the License
Agreement for the Lake Elsinore Diamond Stadium. She asked that the
Agency pull the item from the agenda and take no action.
Closed Session - Redevelopment Agency
City Attorney Leibold stated that the Agency will consider both Closed
Session Items "A & B".
Closed Sessions - City Council
City Attorney Leibold stated that she would announce Closed Session Items
"A & B" and there would be no need to hear item "C" this evening.
Mayor Brinley requested clarification of the procedure to move Item No. 31 to
Item No. 21. City Attorney Leibold suggested that the Mayor make an
announcement of all the corrections on the Agenda and the additions to the
Presentations.
Councilman Schiffner asked if the agenda reorganization would require Council
action. City Attorney Leibold stated that it would not.
Community Development Director Brady stated that it was brought to his attention
that Condition K on Item No. 21 does satisfy the hours that were discussed.
PAGE EIGHT - STUDY SESSION MINUTES - OCTOBER 24, 2000
,
ADJOURNMENT
THE CITY COUNCIL/REDEVELOPMENT AGENCY AGENDA REVIEW
STUDY SESSION WAS ADJOURI~~ED AT 4:59 P.A~
PAMELA BRI1~fLEY, MAYOR ~
CITY OF LAKE ELSINORE
~~ ~~~" / ~~
ROBERT L. SCHIFF R, CHAIRMAN
REDEVELOPMENT AGENCY
MINUTES
REGULAR CITY COUNCIL MINUTES
CITY OF LAKE ELSINORE
, 183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, OCTOBER 24, 2000
, ~~~~~~~:~:~~~~~~:~:~~~:~~~x:~~~:~~:~~x:~~:~~*:~~:~~x:~~~*~:~~~:~:~~x:~~~*~:~~~~:~:~*~*
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 Police Chief Walsh.
INVOCATION
The Invocation was provided by Pastor Alfred Macias, representing Elsinore First
Assembly of God Church.
, ROLL CALL
PRESENT:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
KELLEY, PAPE,
SCHIFFNER, BRINLEY
METZE
Also present were: City Manager Watenpaugh, Assistant City Manager Best, City
Attorney Leibold, Administrative Services Director Boone, Community
Development Director Brady, Community Services Director Sapp, Police Chief
Walsh, City Engineer O'Donnell, Information/Communications Manager Dennis,
Recreation/Tourism Manager Edlebrock, City Treasurer Ferro and City Clerk
Kasad.
Mayor Brinley stated that she would be adding a presentation to Ms. Thelma Ball,
and a presentation by Terra Cotta Middle School to the Agenda. She further
announced that Business item No. 31 would be moved to Item No. 21b and change
Item No. 32 to Item No. 31.
City Attorney Leibold announced that Item No. 21b was properly noticed as a
public hearing and noted that it was a clerical error that it was listed as a business
item.
PAGE TWO - CITY COUNCIL MINUTES - OCTOBER 24, 2000
PRESENTATIONS
a. Presentation - Congressman Ken Calvert.(F:168.1)(X:56.1)
Mayor Brinley called upon Ms. Linda Fisher to accept the City Tile Plaque
on behalf of Congressman Calvert. Mayor Brinley presented the City Tile
Plaque and extended her thanks on behalf of the Council and Community.
She commented that Congressman Calvert was a great supporter and helped
the City with Proposition 13, which was a proposition for a$15 million
bond that will help the City to clean up the Lake and the Watershed area.
She further commented that Congressman Calvert was instrumental in
obtaining the City a$450,000 grant for the study of water issues and
currently working on the acquisition of $1 million to assist the City in
continuing Lake improvements. Ms. Fisher accepted the City Tile Plaque
on behalf of Congressman Calvert and thanked the Mayor and City Council
for this recognition, noting that the Congressman was called back to
Washington for some final appropriations votes.
b. Presentation - Thelma Ball.(F:56.1)(X:144.1)
Mayor Brinley presented a City Tile Plaque to Ms. Thelma Ball recognizing
her dedication, commitment and hard work at the Senior Center. Mayor
Brinley invited Rosa Ponse to speak.
Ms. Ponse stated that she has worked at the Senior Center for 10 years for
the Senior Nutrition Program and commended Ms. Ball for all her hard
work.
Community Services Director Sapp presented Ms. Ball with a bouquet of
roses and thanked Ms. Ball for her hard work and dedication.
Ms. Ball thanked the Mayor, Council and Community Services Director
Sapp for their recognition. She invited the public to involve themselves in
the Senior Center and noted all the wonderful programs that are available
and encouraged the Senior Citizens to utilize the programs.
COiTNCILMAN METZE ARRIVED AT 7:15 P.M.
c. Presentation - Terra Cotta Middle School. (F: 142.1)
Students from Terra Cotta Middle School Show Choir presented a selection
of patriotic songs. Mayor Brinley thanked the Choir for their presentation
and commended their performance.
PAGE THREE - CITY COiTNCIL MINUTES - OCTOBER 24, 2000
PUBLIC COMMENTS - AGENDIZED ITEMS
Requests were received to address the following items and deferred to that
discussion:
Item Nos. 3 and 4.
CONSENT CALENDAR TTEMS
MOVED BY SCHIFFNER, SECONDED BY PAPE AND CARRIED BY
UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT
CALENDAR AS PRESENTED.
1. The following minutes were approved:
a. City Council5tudy Session - September 21, 2000.
b. City Council Study Session - October 10, 2000.
c. Regular City Council Meeting - October 10, 2000. (F:44.4)
The following minutes were received and ordered filed:
d. Planning Commission Meeting - October 4, 2000.(F:603)
e. Design Review Commission Meeting - October 4, 2000.(F:60.4)
2. Ratified the Warrant List of October 16, 2000. (F:12.3)
PUBLIC HEARING
21a. Summerhill (Canvon Creek~Specific Plan No. 85-1 Amendment No. 1,
General Plan Amendment No 00-01 (Land Usel General Plan Amendment
No 00-02 (Circulation) and Zone Chan~e 00-01 - Resolution Nos. 2000-46
and 2000-47: and Ordinance Nos. 1069 and 1070.
~F: i so.2~~x:s3.l~~x: i~a. i~
Community Development Director Brady noted that there are three actions
before Council regarding this item; including an Amendment to Summerhill
(Canyon Creek), Specific Plan Amendment, and a Zone Change. He
presented an overview of the background of the proposed actions at the
Planning Commission level and noted the location of the site. He explained
that the Planning Commission considered the site next to the auto
dealerships on Casino Drive as no longer being a contiguous part of the
project. He further explained that it was proposed that the site be removed
from the Specific Plan area; and that the General Plan designation be
changed to General Commercial, as it was more appropriate for the location.
He indicated that the second action considered by the Planning Commission
was the Circulation Element which called for the construction of a roadway
connection across the freeway to Summerhill; and the final consideration
PAGE FOUR - CITY COUNCIL MINUTES - OCTOBER 24, 2000
was the Zone Change. He explained that on a 20 acre section the e~sting
zoning was Multi-Family Residential, with the remaining eight acres being
Commercial. He noted that the applicant had originally requested General
Commercial, however the staff and residents had some concerns regarding
General Commercial uses and the impact that they would have on a
residential area. He noted the Public Meetings that were held to consider
the 28 acres and the potential uses that would be acceptable. He explained
that staff took the input from the community and the developer; and
proposed that there be specific land use designations established specifically
for the area. Community Development Director Brady indicated that this
was a compromise solution, which was brought before the Planning
Commission and now before Council. He noted that it does not necessarily
please everyone, however he felt that the proposal before Council was a
good compromise and would benefit all parties involved. He stated that
Planning Commission recommended the elimination of a gasoline
dispensing facility, hotels, car washes and public utility sub-stations. He
indicated that the applicant had no problem with the public utility sub-
stations or the hotels, however he would like to have allowances for a car
wash facility and a gasoline-dispensing facility. He fi.trther indicated that
staff recommended that if Council should choose to include a car wash that
it would be by hand and no automated or mechanical car washes allowed;
and there would be no repair facility allowed at a gasoline-dispensing
facility. Community Development Director Brady stated that there were
several other concerns, however they related to the Parcel Map, which is
Item No. 21b of this agenda; and stated he would address them at that time.
Mayor Brinley asked how many public meetings were held regarding this
issue. Community Development Director Brady stated that there were two
community meetings and two Planning Commission Meetings.
Mayor Brinley opened the public hearing at 7:35 p.m. asking those persons
interested in this item to speak. Hearing no requests to speak, the public
hearing was closed at 7:36 p.m.
City Clerk Kasad reported no written communications regarding this item.
Councilman Schiffner stated that he felt that there had been careful studies
done of the issues and ample opportunity for the public to address the
concerns. He further stated that he was satisfied with the project other than
a few small issues. He indicated that he would like to see the limited uses
of a gasoline station that does not permit any repairs and a non-automated
car wash.
Councilman Metze complimented Community Development Director Brady
and the Planning Commission for their hard work on this project. He noted
the amount of controversy that surrounded the project when it was first
PAGE FIVE - CITY COUNCIL MINUTES - OCTOBER 24, 2000
proposed and the effectiveness of the meetings to resolve the issues. He
further noted the few people that wished to have multi-family on the site,
and indicated that he felt that the current use would allow the City more
control of the uses that will be applied to the area. He noted the potential
for increased traffic circulation from Multi-family versus the proposed uses.
He stated that he did not want to see a gas station or car wash in the area;
and explained that even with a hand car wash there are blow dryers, and that
is what makes all the noise. He stated that the project was located in a very
nice area and the proposal included a gas station with alcohol. He indicated
that gas stations no longer come forward unless they have a Mini Mart
attached, which provide for the sale of alcohol. He asked if Council wished
to haee a place that included the sale of alcohol creeping into the residential
area. Councilman Metze indicated that the Circle Ks have become "hang-
outs" and this could promote that type of thing in the proposed area.
Community Development Directar Brady indicated that he had forgotten to
mention that if the car wash and gasoline facility were to be added, there
would have to be a Conditional Use Permit. He stated that it would have to
go through an additional review process in order to be permitted and give
the City greater discretion as to where they would be located and how they
would be operated. Councilman Metze stated that a gas station would not
come forward without an A.M./P.M. Mayor Brinley stated that it would be
at the discretion of the City if it would be acceptable or not. Councilman
Schiffner stated that he would still like to allow that type of use.
Councilman Metze stated that he would prefer neighborhood type shops
such as dry cleaners, furniture stores and apparel stores. He stated that he
had a problem getting into more alcohol dispensing at Summerhill and
Grape Street.
Mayor Brinley indicated that she appreciated Councilman Metze's
comments, however the one good thing the City did have was control
through the Conditional Use Permit. She stated that at that time if there is
an issue with the alcohol, then it could be address. She noted that she
would like to keep the option open and have the opportunity to examine
what is brought forth. She further noted that in that manner the public and
City would have the opportunity to express their opinions. She indicated
that gasoline stations do generate sales tax revenue for the City; and noted
that some of the City's gas stations have generated over $200,000 to the
City's budget. Mayor Brinley stated that with the City trying to maintain
services and programs it is necessary to generate sales tax to facilitate
services and programs. She indicated that she appreciated the different
"Mom and Pop" stores, however they do not generate the tax revenue
necessary to maintain services. She stated that it was necessary to have
quality versus quantity and each project would have to be judged on its own
merit. She further noted that Community Development Director Brady and
the Planning Commission warked with the community to provide the option
PAGE SIX - CITY COiTNCIL MINUTES - OCTOBER 24, 2000
to present the opportunity. She indicated that the developer would have to
go through quite as lot of issues prior to a gas station being built
considering the area that has been proposed.
Councilman Metze stated that for the proposed site, he felt that sales tax
should not be an issue; and indicated that he felt that Council was accused
of that enough.
City Manager Watenpaugh stated that Councilman Metze's points were well
taken and indicated that during Agenda Review it was discussed that this
issue is land use and zoning and when Council gets to the Tentative Tract
Map, Council will address the more specific uses that would be allowed.
Councilman Metze advised that he had expressed his concerns, however
that does not mean that he will deny the project. He stated that the issue of
a Mini Mart would not prevent him from voting in favor of the project, but
he felt that Council should examine the issue of alcohol. He again
complimented the Planning Commission for an outstanding job in
addressing this project.
Councilwoman Kelley congratulated the Planning Commission and staff for
a job well done. She noted that they did respond to the citizens and worked
with the applicant to compromise and find solutions that the developer,
residents and City could be happy with. She noted that during Agenda
Review it was discussed that the residents wanted a gas station on that side
of Railroad Canyon to facilitate their needs. She asked Community
Development Director Brady to address this. Community Development
Director Brady stated that the items were pulled by the Planning
Commission and not by request of the public. Councilwoman Kelley
requested clarification that there were comments from the residents that
they would "like a gas station on that side of Railroad Canyon Road.
Community Development Director Brady confirmed. Councilwoman
Kelley noted that any of the services listed would have to come back to the
City far a Conditional Use Permit and at that point in time the City could
examine the issues and make decisions. Community Development Director
Brady stated that there are permitted uses and conditional uses, and the car
wash and gas station would be conditional uses. Councilman Schiffner
stated that they would also have to go through design review. Community
Development Director Brady stated that any use in that area would have to
come back for design review. He indicated that there would still be a design
review process regardless of what type of use comes into the City. He
indicated that depending upon the requested use it might require a
Condition Use Permit, which would include an additional public hearing.
Mayor Pro Tem Pape stated that there was a long list of uses that would be
appropriate and he felt that most of the discussion was about items that
PAGE SEVEN - CITY COUNCIL MINUTES - OCTOBER 24, 2000
would fall into the category which required a Conditional Use Permit. He
commented that having a gas station and Mini Mart, if it were located in the
right area such as lot 239 parcel4, would not have a great impact on the
area and would provide a needed service. He stated that he did not have a
problem with the hand car wash, however he did have concerns regarding
Parcel 1 in the northwest of the project. He indicated that it was proposed
to place self-storage on Parcel 1, however he felt that because that parcel
had freeway visibility, it might be better suited for an office facility with a
view of the Lake, Diamond and freeway accessibility. He further stated that
he felt that there were better uses than self-storage for that particular parcel.
Mayor Brinley stated that she felt that the developer could bring forth a gas
station under a Conditional Use Permit; and noted that during the Agenda
Review meeting, the developer explained the obstacles that would have to
be overcome to develop a gas station because of the other agencies he
would have to satisfy. She indicated that it was strongly suggested by
Council at Agenda Review, that if the developer were to propose building a
gas station, it would have to be inverted or behind a block wall that would
screen the facility. She reminded the public how strict a Conditional Use
Permit can be and the comple~ty of the process. She concurred with Mayor
Pro Tem Pape regarding the site proposed for storage sheds since the area
has a view that would be advantageous to other uses. She commended City
staff, the community, Planning Commission and developer for warking
together to resolve the concerns regarding this project.
There was general Council discussion with regard to the.elimination of the
self storage units.
Mayor Brinley asked for clarification on the motions. City Attorney
Leibold stated that Council needed a separate motion on each resolution and
a motion on the ordinances to waive full reading and adopt by title only.
She noted that there were two ordinances and two resolutions under Item
No. 21a.
COUNCILMAN SCHIFFNER READ ORDINANCE 1069 BY TITLE ONLY
AS FOLLOWS:
ORDINANCE N0.1069
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING SPECIFIC
PLAN NO. 85-1, AMENDMENT NO.1 TO AMEND THE LAND
USE DESIGNATION OF PARCEL WITHIN APPROVED
SUMM~RHILL SPECIFIC PLAN SPECIFICALLY
DESCRIBED AS APN 363-100-089, 363-100-090, 363-100-087,
363-100-034 FROM COMMERCIAL SPECIFIC PLAN TO
PAGE EIGHT - CITY COUNCIL MINUTES - OCTOBER 24, 2000
GENERAL COMMERCIAL AND CHANGE AND ESTABLISH
A LAND USE AND ZONING DESIGNATION OF APN 363-100-
084 AND 363-100-056 FROM MULTIFAMILY-COMMERCIAL
SPECIFIC PLAN TO "C-1/SP" (NEIGHBORHOOD
COMMERCIAL SPECIFIC PLAI~.
Councilman Schiffner asked if this was the appropriate time to make an
addition of the gas station and car wash. Councilman Metze noted that it
was already in the Code and is already allowed by Conditional Use Permit.
Mayor Pro Tem Pape stated that item "F" could be eliminated which
addresses Mini-storage and asked if he was including that in the motion.
Mayor Brinley stated that Councilman Schiffner had indicated that he
wished to include Mini-storage in the motion. Councilman Schiffiier stated
that he would like to leave it to the discretion of the developer to come back
with a proposal. He further stated that he would prefer not to take it out of
the Ordinance. Mayor Pro Tem Pape asked if Councilman Schiffner wished
to see Mini-storage units on that site. Councilman Schiffner stated "not
especially", but explained that he would like to leave the opportunity
available. Mayor Pro Tem Pape stated that he did not wish to see it at all
and would rather see it taken out as something to be considered.
Councilwoman Kelley stated that it was something that would require a
Conditional Use Permit and would have to be brought back before the City
Council. Mayor Pro Tem Pape stated that it would not be brought before
Council, but rather before Planning Commission and if they were satisfied
with the Mini-storage units they would be approved. Councilman Metze
stated that he felt that way about the alcohol issue. Councilman Schiffner
stated that fuel-dispensing service was the object of discussion and not
alcohol. Councilman Metze stated that there was no difference.
Councilman Schiffner stated that he would include the deletion of the Mini-
storage in his motion.
City Manager Watenpaugh asked that Community Development Director
Brady clarify the item. Community Development Director Brady noted the
compromise process that occurred on this project. He explained that one of
the reasons that the Mini-storage was included was because the applicant
had requested it as one of the uses, the residents in the area were concerned
with the traffic impact if there was commercial development in the area and
Mini-starage uses are very low in traffia He further noted the way it was
identified in the staff report and explained that there could be no outside
storage and the design would be critical and would have to blend in with the
residential aarea. He indicated that staff would not have encouraged that
type of use on that particular site, however it was part of the compromise.
Mayor Brinley asked if there was any opposition to the Mini-storage units.
Community Development Director Brady stated that there was no
opposition to the units providing it fit in with the neighborhood design.
PAGE NINE - CITY COiTNCIL MINUTES - OCTOBER 24, 2000
Councilman Schiffner indicated that in view of the explanation he would
prefer to lea~e it in and see how the vote comes out, therefore meaning to
leave in the use of the Mini-storage units.
City Attorney Leibold suggested that for clarification and purposes of the
record, and to facilitate the City Clerk's ability to track the votes accurately
on the minutes; that the Council view Page 5 of the Staff Report under
recommendations. She further suggested that Council start with Item No. 1
and get independent votes on each of the five items. She indicated that each
issue can be moved by item 1 through 5 and the City Clerk will read the title
of the Ordinances.
MOVED BY SCffiFFNER, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE TO ADOPT MITIGATED NEGATIVE
DECLARATION NO. 00-O1.
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY
A VOTE OF 4 TO 1 WITH PAPE CASTING THE DISSENTING VOTE TO
ADOPT RESOLUTION NO. 2000-47 APPROVING GENERAL PLAN
AMENDMENT NO. 00-O1 WITH FINDINGS, AS FOLLOW:
' RESOLUTION NO. 2000-47
A RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF
LAKE ELSINORE, CALIFORNIA, MAHING AN
AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN
LAND USE ELEMENT FOR THE SECOND CYCLE OF THE
CALENDAR YEAR OF 2000 FOR THE APPROVAL OF
GENERAL PLAN AMENDMENT NO. 00-O1 TO AMEND THE
LAND USE DESIGNATION OF PARCEL SPECIFICALLY
DESCRIBED AS APN 363-100-089, 363-100-090, 363-100-087
AND 363-100-034 FROM COMMERCIAL SPECIFIC PLAN TO
GENERAL COMMERCIAL AND CHANGE THE LAND USE
DESIGNATION OF APN 363-100-084 AND 363-100-056 FROM
MULTIFAMILY-COMMERCIAL SPECIFIC PLAN TO "c-
1/SP" (NEIGHBORHOOD COMMERCIAL SPECIFIC PLAl~.
MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT
' ORDINANCE N0.1069 UPON FIRST READING BY TTTLE ONLY,
APPROVING SPECIFIC PLAN NO. 85-1, AMENDMENT NO. 1 AS
PREVIOUSLY READ BY COUNCILMAN SCHIFFNER, UPON THE
FOLLOWING ROLL CALL VOTE:
PAGE TEN - CITY COUNCIL MINUTES - OCTOBER 24, 2000
ORDINANCE NO. 1069
AN ORDINANCE OF THE CITY COUNCIL OF THE CTTY OF
LAKE ELSINORE, CALIFOI2NIA, APPROVING SPECIFIC
PLAN NO. 85-1, AMENDMENT NO. 1 TO AMEND THE LAND
' USE DESIGNATION OF PARCEL WITHIN APPROVED
SUMMERHILL SPECIFIC PLAN SPECIFICALLY
DESCRIBED AS APN 363-100-089; 363-100-090, 363-100-087,
363-100-034 FROM COMMERCIAL SPECIFIC PLAN TO
GENERAL COMMERCIAL AND CHANGE AND ESTABLISH
A LAND USE AND ZONING DESIGNATION OF APN 363-100-
084 AND 363-100-056 FROM MULTIFAMILY-COMMERCIAL
SPECIFIC PLAN TO "C-1/SP" (NEIGHBORHOOD
COMMERCIAL SPECIFIC PLAI~.
, AYES: COUNCILMEMBERS: KELLEY, METZE,
SCHIFFNER, BRINLEY
NOES: COUNCILMEMBERS: PAPE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE TO APPROVE RESOLUTION NO. 2000-46,
APPROVING GENERAL PLAN AMENDMENT NO. 00-02
RESOLUTION NO. 2000-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, MAKING AN
AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN
LAND USE ELEMENT FOR THE SECOND CYCLE OF THE
CALENDAR YEAR OF 2000 FOR THE APPROVAL OF
GENERAL PLAN AMENDMENT NO. 00-02 TO AMEND THE
CIRCULATION ELEMENT OF THE GENERAL PLAN BY
ELIMINATING AN EXTENSION SEGMENT OF
SUMMERHILL DRIVE.
Findings - General Plan And Specific Plan Amendments
1. The proposed General Plan and Specific Plan Amendments will not be:
a) detrimental to the health, safety, comfort or general welfare of the
persons residing or working within the neighborhood of the proposed
PAGE ELEVEN - CITY COUNCIL MINUTES - OCTOBER 24; 2000
amendment or within the city, or b) injurious to the property or
improvements in the neighborhood or within the City.
2. The proposed General Plan and Specific Plan Amendments will permit
reasonable development of the area consistent with its constraints and
allow land uses that would be compatible with adjacent properties.
3. The proposed General plan and Specific Plan Amendments would
establish a land use density and usage more in character with the subject
property's location, access, and constraints.
4. The proposed General plan and Specific Plan Amendments will not have
a significant impacts on the environment.
MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT
ORDINANCE N0.1070 UPON FIRST READING BY TITLE ONLY,
APPROVING ZONE CHANGE NO. 00-1 WITH FINDINGS, UPON THE
FOLLOWING VOTE:
ORDINANCE NO. 1070
AN ORDINANCE OF THE CITY COUNCIL OF THE OCITY
OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE
CHANGE NO. 00-O1 CHANGING THE ZONING
DESIGNATION OF PARCELS SPECIFICALLY DESCRIBED
AS APN 363-100-089, 363-100-090, 363-100-087 AND 363-100-
034 FROM COMMERCIAL SPECIFIC PLAN TO C-2
(GENERAL COMMERCIAL).
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Findings - Zone Change
KELLEY, METZE, PAPE,
SCHIFFNER, BRINLEY
NONE
NONE
NONE
1. The Proposed zone change will not be: a) detrimental to the health,
safety, comfort or general welfare of the persons residing or working
within the neighborhood of the proposed amendment or within the City,
or b) injurious to property or improvements in the neighborhood or
within the City.
PAGE TWELVE - CITY COUNCIL MINUTES - OCTOBER 24, 2000
2. The proposed action will be consistent with the Goals, Objectives, and
Policies of the General Plan and the standards established in the
Municipal Code.
3. This project will not have a significant impact on the environment.
Mitigation Measures have been incorporated.
21b. Tentative Parcel Map No. 29235 "Abbacy Holding Corp "(F• 110 2~
City Manager Watenpaugh explained that this item follows item No. 21A
and addresses the same property.
Community Development Director Brady presented an exhibit of the Parcel
Map and noted that the applicant is requesting a parcel map that will
subdivide 4 parcels. He noted that one of the conditions of this map was
that the applicant would dedicate 10 additional feet for the future widening
of Canyon Estates Drive. He commented that the condition had caused
considerable discussion by the residents, since they felt that the dedication
would result in Canyon Estates Drive becoming a five-lane highway. He
explained that the existing circulation element of the General Plan calls for
this as an arterial four-lane road and the designation has been in place since
1995. He further noted that some of the confusion was caused since the
roadway has curb and gutter in place and most of the street improvements
have been put in. He further explained that the additional 10 feet would be
required to allow the street to widen to four lanes with a center turn lane and
would only occur at such time as the traffic counts require the widening.
Community Development Director Brady indicated that it could take up to
20 years before there is a need to widen the roadway before the traffic
capacity and traffic circulation on that roadway deems it necessary. He
explained that the issue was clarified and it was felt that the residents had a
better understanding of that issue. He indicated that Condition of Approval
No. 45 requires the applicant to install a traffic signal at the intersection of
Summerhill Drive and Canyon Estates Drive and must be operational at the
first certificate of occupancy for any building on parcel4. He noted that the
applicant would construct and install the signal, and the City would
reimburse half the amount of the signal for the cost of installation. He
stated that staff and the Planning Commission recommend approval and
noted that the same Negative Declaration that applied to Item 21 a., applies
to this item as well.
Mayor Brinley opened the public hearing at 8:05 p.m. asking those persons
interested in this item to speak. Hearing no requests, the public hearing was
closed at 8:06 p.m.
City Clerk Kasad reported no written communications on this item.
PAGE THIRTEEN - CTTY COUNCIL MINUTES - OCTOBER 24, 2000
Councilman Metze clarified that the applicant concurred with the
Conditions of Approval; and stated that he was in favor of the project as
, long as the applicant was agreeable to the Conditions.
,
Councilwoman Kelley stated that she had no problem with the project.
Mayor Pro Tem Pape stated that he had no comments.
Councilman Schiffner stated that he felt that the project had been well
covered and he had no problem with the project.
MOVED BY KELLEY, SECONDED BY BRINLEY AND CARRIED BY
UNANIMOUS VOTE TO APPROVE TENTATIVE PARCEL MAP NO.
29235 BASED ON THE FINDINGS AND CONDITIONS OF APPROVAL
AS FOLLOWS:
FindinES•
1. The proposed subdivision, together with the provisions for its design and
improvement, is consistent with the General Plan. The proposed
subdivision is compatible with the objective, 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 pubic service requirements of its residents and the available
fiscal and environmental resources have been considered and balanced.
3. Subject to the attached conditions of approval, the proposed project is not
anticipated to result in any significant environmental impact.
Conditions Of Approval
PLANNING DIVISION
1. Tentative Parcel Map No. 29235 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, ar an extension of time is granted by the City of Lake
Elsinore City Council in accordance with the Subdivision Map Act.
2. Tentative Parcel Map No. 29235 shall comply with the State of California
Subdivision Map Act and shall comply with all applicable requirements of the
Lake Elsinore Municipal Code, Title 16 unless modified by approved
Conditions of Approval.
3. The applicant shall defend (with counsel acceptable to the City), indemnify,
PAGE FOURTEEN - CITY COUNCIL MINUTES - OCTOBER 24, 2000
and hold harmless the City, its Official, Officers, Employees, and Agents
from any claim, action, or proceeding against the City, its Official, Officers,
Employees, or Agents to attach, set aside, void, ar annul an approval of the
City, its advisory agencies, appeal boards, or legislative body concerning
TPM No. 29235, which action is bought within the time period provided for
in California Government Code Sections 65009 and/or 6649937, 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.
4. Pay all applicable fees including park fees in force at time of issuance of
building permits.
5. Prior to final map approval of Tentative Parcel Map No. 29235, the
improvements specified herein and approved by the Planning Commission
and the City Council shall be installed, or agreements for said improvements,
shall be submitted to the City for approval by the City Engineer, and all other
stated conditions shall be complied with. All uncompleted improvements
must be bonded for as part of the agreements.
6. All of the improvements shall be designed by developer's Civil Engineer to
the specifications of the City of Lake Elsinore.
7. Applicant must meet all requirements of Elsinore Valley Municipal Water
District (EVMWD).
8. The applicant shall pay applicable fees and obtain proper clearance from the
Lake Elsinore Unified School District (LEUSD) prior to issuance of
building permits.
9. The applicant shall provide connection to public sewer for each lot within
the subdivision prior to building permit. No service laterals shall cross
adjacent property lines and shall be delineated on engineering sewer plans
and profiles for submittal to the EVMWD.
10. Meet all requirements of the providing electric utility company.
1 L Meet all requirements of the providing gas utility company.
12. Meet all requirements of the providing telephone utility company.
PAGE FIFTEEN - CITY COUNCIL MINUTES - OCTOBER 24, 2000
14. All development associated with this map requires separate Design Review
approval pursuant to Section 17.82 of the Lake Elsinore Municipal Code.
15. Prior to issuance of any grading permit or building permit, subdivider shall
sign and complete an "Acknowledgment of Conditions" and shall return the
executed original to the Community Development Department.
16. This subdivision shall comply with all applicable Mitigation Measures
incorporated within Mitigated Negative Declaration No. 00-01 subject to
approval of the Community Development Director ar Designee.
ENGINEERING DIVISION
17. 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.
18. Pay all Capital Improvement and Plan Check fees (LEMC 1634, Resolution
85-26).
19. Submit a"Will 5erve" 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.
20. Dedicate 10 feet of additional right-of-way along the southerly side of
Canyon Estates Drive for a modified major arterial (76 ft. R/W with 64 ft.
curb to curb) and so designate on the parcel map. Improvements for the
modified major arterial will not be required with this Parcel Map.
21. If the existing street improvements are to be modified, the existing street
plans on file shall be modified accordingly and approved by the City Engineer
prior to issuance of building permit. An encroachment permit will be required
to do the work.
22. The applicant shall require Granite Homes to complete the public
improvements along the frontage of PM 29235 on Canyon Estates Drive in
accordance with their financing agreement or the applicant shall install the
public improvements prior to certificate of occupancy.
23. 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.
24. Applicant shall obtain any necessary Caltrans permits and meet all Caltrans
requirements.
PAGE SIXTEEN - CITY COUNCIL MINUTES - OCTOBER 24, 2000
25. 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).
, 26. 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.
27. The applicant shall install one permanent benchmarks to Riverside County
Standards and at a location to be determined by City Engineer.
28. Applicant shall obtain all necessary off-site easements for off-site grading
from the adjacent property owners prior to final map approval.
29. Provide fire protection facilities as required in writing by Riverside County
Fire.
30. Provide street lighting and show lighting improvements as part of street
improvement plans if required.
31. Developer shall install blue reflective pavement markers in the street at all fire
hydrant locations.
32. Applicant shall submit a traffic control plan showing all traffic control
devices required for the parcel map 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.
33. All improverrrent 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.
34. 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.
35. Provide soils, geology and seismic report. Provide final soils report showing
compliance with recommendations.
36. Roofs should drain to a landscaped area whenever feasible.
37. Submit Hydrology and Hydraulic Report for review and approval by City
PAGE SEVENTEEN - CITY COUNCIL MINUTES - OCTOBER 24, 2000
Engineer prior to approval of final map. Developer shall mitigate any
flooding and/or erosion caused by development of the site and diversion of
drainage.
38. 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.
39. On-site drainage facilities located outside of road right-of-way should be
contained within drainage easements shown on the final map. A note should
be added to the final map stating: "Drainage easements shall be kept free of
buildings and obstructions".
40. 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.
41. A drainage acceptance letter will be necessary from the downstream property
owners for outletting diverted or concentrated stormwater run-off on private
property.
42. 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 irrigation, landscaping and the storage of
material.
43. Education guidelines and Best Management Practices (BMP) shall be
provided to occupants of the development in the use of herbicides, pesticides,
fertilizers as well as other environmental awareness education materials on
good housekeeping practices that contribute to protection of stormwater
quality and met the goals of the BMP in Supplement "A" in the Riverside
County NPDES Drainage Area Management Plan.
44. The lot adjacent to Summerhill Drive shall have its access restricted to right
turn-in and right turn-out only on Summerhill Drive.
45. Developer shall design and construct a traffic signal at Summerhill Drive and
Canyon Estates Drive. The City shall reimburse the applicant one-half of the
total cost for installing the traffic signal. The traffic signal shall be operational
at the first certificate of occupancy for any building on parcel4 of PM 29235.
46. Developer shall contribute $60,000 towards the design and construction for
improvements to the Railroad Canyon Rd. & I-15 Freeway Interchange. This
development will contribute 2% of the total traffic in the interchange and
PAGE EIGHTEEN - CITY COUNCIL MINUTES - OCTOBER 24, 2000
should contribute 2% of the cost of the improvements. This shall equate to a
fee of $3,000 per acre per parcel payable at building permit.
47. 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.
48. The parcel designated as not a part of Parcel Map 29235 should be designated
as parcel4.
22. Reauest for Anproval of a Resolution of Necessitv and authorization to
commence Eminent Domain Proceedin s to acquire real property necessarv
for the improvement of Mission TraiL (F:156.2)
City Manager Watenpaugh noted that this item was a joint project between
the County of Riverside and the City for the improvement of Mission Trail.
City Attorney Leibold explained that the City entered into an agreement
with the County of Riverside to share the cost of the Mission Trail
Widening Project. She further explained that the County is the lead agency
and under the terms of the agreement, the County undertook negotiations
for the acquisition of all of the right-of-way necessary for Mission Trail
improvements. She indicated that the County successfully negotiated the
acquisition of nearly all of the properties with initially three and now only
two exceptions. She further indicated that the two remaining exceptions
relate to properties within the boundaries of the City of Lake Elsinare,
therefore the City has assumed the obligation of undertaking to acquire
those additional parcels. City Attorney Leibold explained that the City has
obtained appraisals on the properties; the City has engaged in good faith
negotiations and provided good faith offers to the property owners with no
resolution; the properties in question have been identified in the staff report
in the proposed Resolution of Necessity; and identified as the Saykr and
Trudeau properties. She noted that the City has entered into an agreement
to acquire the Saykr property, however the purchase and sale agreement is
not final and she recommended that the Resolution of Necessity include that
property just in case there is a problem and the City needs to obtain the
property to allow the street widening project to move forward; however it is
anticipated that the property will close with further negotiations. She
indicated that the single remaining property, owned by the Trudeau family,
PAGE NINETEEN - CITY COUNCIL MINUTES - OCTOBER 24, 2000
has been offered the full value of the portion of property necessary for the
street widening; a drainage easement, which resulted in certain severance
' damages; and a small utility easement for an electrical pole. She noted that
the City has been unsuccessful in negotiating for the acquisition and now
needed to request consideration of a Resolution of Necessity. She explained
that the Resolution establishes certain findings as follows:
, 1. There is a public interest and necessity in acquiring the
property.
~ 2. The need and public convenience to accommodate the e~sting
and projected growth and resulting traffic along Mission Trail.
3. The location of the proposed project is consistent with the
General Plan.
' 4. The greatest public good with the least private injury.
', 5. The adjoining properties are necessary to widen the street.
6. The City has complied with all applicable Goverrunent Code
Sections.
7. The City has negotiated for the acquisition, but have been
unsuccessful completing the negotiations.
City Attorney Leibold indicated that the Resolution of Necessity needed one
minor correction on E~ibit "B-2k", relating to the drainage easement on
the Trudeau property; as the exhibit calls for a 405 foot drainage easement,
however there has been conflicting information and she requested that the
footage be changed to 415 feet. Mayor Brinley clarified the footage.
Mayor Brinley opened the public hearing at 8:13 p.m. asking those persons
' interested in this item to speak.
George Alongi, 649 Mill Street, stated that there had been no cost
~ mentioned and questioned where the money will come from; if the City is
going to make arrangements for future developers to bear the cost of
improvements through a reimbursement to the City for improvements. He
commented that all the other projects done in the City have required
developers to pay for Capital Improvements. He further stated that he
' would like an update from Liberty on the status of their project. Mayor
Brinley stated that the public hearing does not address the Liberty Project.
' Mr. Alongi stated that the Liberty Project is part of Mission Trail and does
' impact the Eminent Domain. He stated that the citizens have the right to
know where the money will come from to fund the Eminent Domain and if
the City will be refunded if the development takes place.
City Clerk Kasad stated there was no written correspondence on this matter.
Hearing no further requests, the public hearing was closed at 8:15 p.m.
PAGE TWENTY - CITY COUNCIL MINUTES - OCTOBER 24, 2000
Mayor Pro Tem Pape clarified the item before Council, and stated that he
felt that it was prudent to move ahead with this action. He further stated
that he was always hesitant to utilize Eminent Domain, however he felt that
everything had been done to negotiate in good faith with the property owner
and now it was necessary to move forward to facilitate the improvements
and keep the project on schedule. He indicated that he would be in favor of
this action.
Councilman Schiffner stated that the entire City has waited long enough to
get improvements done to Mission Trail and as the City Attorney indicated,
the negotiations are still underway. He commented that the action before
Council addresses the issue of Eminent Domain in case the negotiations fail,
which would facilitate the progress of the project on Mission Trail. He
explained that it might not be necessary to file an Eminent Domain,
however if it becomes necessary then it will be in place to do so to keep the
project moving on time. He stated that he was in favor of moving ahead.
Councilman Metze concurred with Council's comments and stated that Mr.
Alongi knows the answers to every single question that he asks since he was
on Council when part of this project came forward. He stated that he felt it
was just "political B.S." by Mr. Alongi. He felt that his questions did not
require answers.
Councilwoman Kelley stressed that Negotiations are on-going and although
the City had offered severance damages there has been no resolution to the
matter, therefare this action is necessary to move forward to widen Mission
Trail.
Mayor Brinley stated that it was a joint effort between the County and the
City to work together to provide better transportation along Mission Trail.
She noted that this project had been in the works for quite some time and
was something the public desired. She stressed that negotiations were still
on going. She asked the City Attorney to clarify the project.
City Attorney Leibold stated that it was her understanding that the County,
in their negotiations, did not include severance damages in the offer. She
explained that the City's appraisal shows that a$21,000 value of the 10 foot
right-of-way take that is needed for the road improvement and a$31,000
severance damages negotiated for the drainage easement that swaths
through a portion of the property. She indicated that a combined appraised
value that the owner has been offered is $51,200. Mayor Brinley clarified
the amount of property in question. She asked if the City had to follow
through with an Eminent Domain, what would be the cost recovery. City
Attorney Y,eibold stated that they would anticipate filing a complaint in
order to obtain possession. She explained that the City hoped to obtain
possession by the month end so the project could start immediately and not
PAGE TWENTY-ONE - CITY COUNCIL MINUTES - OCTOBER 24, 2000
be delayed by the rainy season. Mayor Brinley requested confirmation that
the project was proposed to start around the 2°d week in November. City
" Manager Watenpaugh confirmed. He stated that it had been the intent of
Council and RDA that when the adjacent property develops, then they
would be required to reimburse the City. City Attorney Leibold explained
that the source of fixnds that the City had committed for the City's share of
the project is an initial $417,000 of CDBG Funds with a commitment over
time to pay for the City's share. She noted that the properties boarding
Mission Trail are subject to a Specific Plan with a condition that they
contribute their fair share of street improvement costs including Mission
Trail.
Mayor Pro Tem Pape clarified that the County would be going to bid by the
middle of November and asked when the County wished to start
construction. City Manager Watenpaugh stated that they would be opening
bids the end of November and starting construction.
Mayor Brinley clarified that this was a joint project between the County and
the City.
~ MOVED BY METZE, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE TO APPROVE RESOLUTION NO. 2000-48 AS
FOLLOWS WITH A CORRECTION TO EXHIBIT `B-2" TO READ 415
FEET:
RESOLUTION NO. 2000-48
A RESOLUTION OF NECESSITY OF THE CITY COUNCIL
OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING THE ACQUISITION OF CERTAIN REAL
PROPERTY.
BUSINESS ITEMS
31. A~reement containin~ covenants affectine real propertv and the dedication
fundin~ and construction of road improvements.(F:68.1)(X:127.3)(X:156.1)
City Manager Watenpaugh noted that this item deals with delays that have
taken place on the Fire Station due to negotiating the dedication of the right-
of-way for the road. He explained that the existing road has a dedicated
easement for Flood Control to move forward for access into the debris
basin; there were some issues regarding a water line being placed in an
easement rather than a dedicated street; the City has negotiated with the
property owner to design the full width of the improvement going into the
Fire Station; and La Laguna will fund half of the grading and street
improvements and provide all of the dirt necessary to elevate the pad as well
PAGE TWENTY-TWO - CITY COUNCIL MINUTES - OCTOBER 24, 2000
as the road. He noted that the agreement stipulates that it would be
approximately $70,000 each for the cost. He indicated that subject to
Council's approval, it is anticipated that the City will go to bid in mid-
November, start the project in December and start construction in January.
Councilwoman Kelley stated that she was in favor of the agreement.
Councilman Metze concurred.
Councilman Schiffner asked that the City Manager give a brief explanation
of what the delay has been; why the grade is being raised; and what the
project is about.
City Manager Watenpaugh stated that the project is the West End Fire
Station; and explained that when CFD 88-3 was put in place, it funded a
Fire Station off of Lincoln. He noted that at the request of the Fire
Department the project was relocated to McVicker Canyon Park. He further
explained that the Fire Department felt that they could have quicker
response times to the residents because they would be traveling downhill;
and the Fire Station would provide 24 hour residence in the park and result
in the elimination of some of the vandalism that occurs. City Manager
Watenpaugh explained that the problem became one of access on a
dedicated easement for Flood Control usage and not dedicated as a street.
He further explained that EVM WD was willing to work with the City to
locate a water line through the City Park, however it would become the
City's responsibility far maintenance and create other issues. He noted that
the City has been negotiating with the property owner of La Laguna to get
the dedication and part of it was to elevate the street since they had received
approvals from Fish and Wildlife to move forward with their project; and
for access into their project the roadway needs to be elevated 22 feet which
will require°~he Fire Station to be elevated. He further noted that La Laguna
will provide all the soil to elevate the Fire Station and pay one-half of the
cost of the street improvements and for all of the grading. He stated that it
will increase the cost of the Fire Station and at the time when staff has firm
numbers, staff will bring the item to Council for ratification of the budget.
City Manager Watenpaugh stated that it would take nine months to develop
the project. He noted that the bids would go out on the 18"' of November
and be under construction in January. He stated that nine months from
January the Station would be open.
MOVED BY KELLEY, SECONDED BY METZE AND CARRIED BY
UNANIMOUS ~OTE 'd'O APPROVE THE AGREEMENT IN
SUBSTANTIALLY THE FORM PRESENTED AND AUTHORIZED THE
MAYOR ~'O EXECUTE THE AGREEMENT IN SUCH FINAL FORM AS
APPROVED BY THE CITY MANAGER AND CITY ATTORNEY FOR
THE C'ONVENANTS AFFECTING REAL PROPERTY AND THE
_ _
~-
PAGE TWENTY,THREE-CITY COUNCIL MINUTES-OCTOBER 24, 2000
DEDICATION, FUNDING AND CONSTRUCTION OF ROAD
IMPROVEMENTS.
ITEMS PULLED FROM THE CONSENT CALENDAR
3. Claims against the City - Phou~ Minh Thi Tran (CL #2000-181, Nam V.
Tran (CL #2000-19~and Hue Thi Vo (CL #2000-201.(F:52.2)
Chris Hyland, 15191 Wavecrest Drive, stated that she had asked Jess
Watkins how many drowning there had been in the Lake for the 30 years
that he managed the Campground. She indicated that he had told her none,
and she had asked him if he had signs posted and he told her he had. She
asked him if he let people wade in the water and he told her that he did not
and that they patrolled it constantly. She stated that she hoped that the
people filing the claims get their $30,000,000 plus and expressed hopes that
the families of the other children that drown in the Lake sue the City
royally; that they win and bankrupt the City for not even caring that people
drown.
George Alongi, 649 Mill Street, addressed the Mayor and commented that
she was the centerpiece of the Community and that she had pastors appear
before Council and present an invocation, which tells him that she looks for
guidance. He further commented that it tells him that she is incapable of
making decisions and that she looks to a higher source to make decisions.
He stated that although the Mayor is not guilty of the death of the young
lady, she is responsible and suggested that the City try something different.
He suggested that instead of dragging the community through another
lawsuit, the City Attorney and City Manager should meet with the insurance
company and seek a settlement with the families rather than drag the
community through another lawsuit that could cost a lot more. He stated
that he does not want the City to go bankrupt and wishes to see the City
grow since his children and grandchildren live here. He further stated that
history has proven itself and the City has lost some large lawsuits and cited
the Williams case, the Watkins case, and the Collier lawsuit. He noted that
those have cost the City millions of dollars and suggested that the City
solves this suit without the courts and works it out.
Mayor Brinley asked the City Attorney to respond.
- City Attorney Leibold stated that the Claim was filed and referred in the
normal course of business to Carl Warren, the City's Claims Administrator.
She indicated that they recommended rejection on the basis that there is no
City liability. She stated that there is no doubt that the drowning is a
tragedy and that the City and all of the community empathizes with the
family's loss, however that does not translate into City liability. She
recommended that the Council follow the recommendation of the Claims
Administrator and reject the claim.
PAGE TWENTY-FOUR-CITY COUNCIL MINUTES-OCTOBER 24; 2000
MOVED BY PAPE, SECONDED BY SCffiFFNER AND CARRIED BY
UNANIMOUS VOTE TO REJECT CLAIM NOS. 2000-18, 2000-19, AND
2000-20 AND REFER THEM TO THE CLAIMS ADMINISTRATOR FOR
HANDLING.
4. Award of Contract for Railroad Canyon Road Rehabilitation R J Noble
587 305.(F:68.1)(X:156.2)
Chris Hyland, 15191 Wavecrest Drive, commented that the cost of the
contract bothered her. She stated that she felt that the City should explain
this item, where it is being doing and why the City is doing it. She further
stated that the City has Lake Street, Machado Street, Lakeshore Drive and
Grand Avenue, which are in deplorable condition. She indicated that the
Council keeps talking about Railroad Canyon Road without explanation;
and indicated that he does not go up that road and the only people that use it
are from Canyon Lake.
George Alongi, 649 Mill Street, commented that he does not oppose the
City doing anything with any of its streets, however there are other streets in
this community that have never had pavement, sidewalks, or curb and
gutter. He stated that he felt that the City should split the money up and
spread it around the community. He stated that the City did a good job on
the Avenues, however the money being spent on Railroad Canyon should be
spent around the other areas. He suggested that Councilman Metze was
confusing concern with opposition.
Mayor Brinley asked that the City Manager address the comments and
reminded the public that the City will be doing Lake Street as well.
City Manager Watenpaugh stated that Railroad Canyon Road is being
renovated and upgraded by funding that remained in the Assessment
District. He stated that the funds the City will be using to renovate the
facility are going to the landscaping area in the middle of the Median and
the balance of the dollars will be used to renovate one of the major entries
of the City, which is Railroad Canyon Road. He further stated that Railroad
Canyon Road is a main entry into the City whether the people come from
Menifee or Canyon Lake. He noted that Lake Street improvements will be
approximately $1.1 million dollars and services as many County residents
as it does City residents, but it is within the City and does need
improvements and will be renovated at City expense because it is a main
gateway into the City. He further noted that the funds for Lake Street would
be from Measure A Funds. Measure A Funds will also be spent for the road
paving on Railroad Canyon Road as well, however the Median will be from
Assessment District Funds. He explained that the City is moving forward
on the main arterial roadways since they are high access and traveled
heavily and not just by City residents. He noted that the City is in the
PAGE TWENTY-FIVE-CITY COUNCIL MINUTES-OCTOBER 24, 2000
process of moving forward with the interior streets through the Slurry Seal
Program and some infill projects will be done within the next year.
Mayor Brinley stated that the City Council is working very hard to maintain
its priority to improve the streets.
MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE TO AWARD THE CONTRACT FOR RAILROAD
CANYON ROAD REHABILITATION TO R. J. NOBLE IN THE AMOUNT
OF $587,305.
THE CITY COUNCIL MEETING WAS RECESSED AT 8:39 P.M.
THE CITY COUNCIL MEETING RECONVENED AT 8:45 P.M.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS
Barbara Anderson, 304 N. Lewis Street, announced that the NAACP will have its
regular meeting on the 4th Thursday of the Month at the Senior Center and the
speaker will be Sheriff Larry Smith; The Friends of the Library Book Sale will be
Saturday, October 28 and gave an overview of the things that the proceeds pay for;
and announced the sign up for the Shared Food Program will be the Friday,
November 3, from 10:00 a.m. to 4:00 p.m. and the First Christian Church.
Clyde Rice, 16912 Ulmer St., commented on a refund that his parents received
because they had been overcharged by Code Enforcement. He noted pictures that
he presented to Council with violations that have been present for a number of
years. He stated that he had brought the items to the attention of Code
Enforcement and the problems still e~st.
Dan Uhlry, 150 E. Lakeshore Drive, commented on the EDC Meeting he had
attended and the exciting things that will be happening in the City particularly in
the industrial section. He stated that it was vital who will be elected to the Board
of EVMWD, since their decisions would affect the Valley for the next 20 to 30
years. He noted the importance of the Brine Line and the importance of doing it
right, and asked that the community use diligence when they vote.
George Alongi, 649 Mill Street, addressed Councilman Metze and stated that he
had always been concerned with the development of Mission Trail and expressed
- the right to address a subject when tax dollars are being discussed. He commented
on a tax bill he had received on a piece of property on Main Street that the
Lighting and Landscaping jumped 600% and went from $114 to $685. He noted
that it is a 50-foot lot with 11 units on it, however he receives no more benefit than
the other 50-foot lots on Main Street. He criticized the way the City calculates the
fees since the gas station on Main Street only pays $117 a year and uses the
approach more than his property does. He noted some property he owns on
PAGE TWENTY-SIX - CTTY COUNCIL MINUTES - OCTOBER 24, 2000
Graham Avenue that has a fee of $117 a year and there is no landscaping and
lighting on that property at all, since he does it. He commented that he did not
mind paying his fair share, however he felt that the increase on his property on
Main Street was uncalled for. He stated that he would like to hear from the City
Manager if there was an appeal process to this program. He commented on the
various pieces of property that his Trust owns and the amount of service that is
received by each piece of property. He stated that the process should have a
review and someone to check the benefit that each piece of property receives,
since he does not believe that the property owners are being fairly charged.
Chris Hyland, 15191 Wavecrest, encouraged the public to go on-line to the
Elsinore Magazine. She reminded the public of the upcoming EVMWD Election
and stated that it will be a very crucial election. She commented on the candidates,
and noted that the candidates would be participating in a forum at the Senior
Center. She encouraged everyone to vote.
CITY COUNCIL COMMENTS
City Manager Watenpaugh commented on the following:
1. Noted a summary that he provided to Council addressing issues regarding
the Slurry Seal Program.
2. Stated that Community Development Department, Code Enforcement and
the Community Service Officers from the Sheriff's Department have put
together a program. He noted that he would be meeting with the Assistant
City Manager and Information/Communications Manager to prepare a news
release to inform the public regarding the Enforcement Program. He noted
that they have outlined three policies and Council will be receiving a copy
of those policies. He noted that Code Enforcement and the CSO's will be
focusing on six areas to start with and represents the Avenues; the Bird
Tract; the Presidential Tract; Joy Street; Torn Ranch Tract; and the
Downtown area. He explained that they will be focusing on four major
items which are the larger items that have an impact on peoples property
value, which are abandon vehicles; discarded appliances and furniture;
trash, debris, overgrowewn vegetation and weeds; and a lack of addresses
for structures. He further explained that fliers are being done in Spanish
and English and it is proposed to start the program after the first of the year.
He noted that the residents will receive a warning and the City will also
participate in the clean up as well. City Manager Watenpaugh explained
that the whole intent of the program would be to try and get the community
to see that the City wishes to see their property values increase and get
volunteer compliance with the program. He stated that the City does not
wish to write citations for these programs, but rather would prefer that the
people do the clean up. He noted that Code Enforcement would address the
items that Mr. Rice brought before Council immediately. He further stated
PAGE TWENTY-SEVEN-CITY COUNCIL MINUTES-OCTOBER 24, 2000
that the City Manager's Office would be happy to provide the information
to the public prior to placing it in the newspaper if it was requested. He
noted that the clean up efforts of Code Enforcement from February, 2000 to
October 19, 2000 consisted of 476 vehicle checks; of the 476, 41 were
towed or stored; 747 residential checks; 705 warnings written; 687 follow-
ups; 351 compliance on complaints; 180 citations written; and 8 Code
Enforcement referrals. He stated that if the issues that came before Council
represented 4 to 6 people, it is a very small percentage. He stated that
overall there had been a 50% compliance rate. He stated that the City
would formalize the program to assure that anyone that gets cited and
warned will be notified properly. He explained that this action is an attempt
to be responsive to the community. He summarized the actions that will be
taken to facilitate the cooperation of the residents.
CITY ATTORNEY COMMENTS
City Attorney Leibold stated that she had no comments
COMMITTEE REPORTS
No Reports.
CITY COUNCIL COMMENTS
Councilwoman Kelley commented on the following:
1. Commented on the complaints received regarding the Slurry Seal Program
and stated that the Public Works Department sent two letters to the
residents, plus hung a door hanger on every door in the neighborhood. She
noted that the first letter went out in July, the second letter in September and
the door hanger went out to notify the residents that they would be slurry
sealing, which informed them that they needed to move their cars between
the hours of 630 a.m. to 5:00 p.m. She indicated that one of the City
employees was in the neighborhood the entire time the slurry sealing was
being done as well as the Public Works Manager had his cell phone number
on the letter to give the residents the opportunity to contact him in case of
emergency. 5he stated that the City did adequately cover the neighborhood;
and commented that the Public Works Department takes great pride in their
service to the community.
Councilman Metze commented on the following:
1. Extended sincere apologies to Public Works Manager Payne and all the
employees at the Public Works Yard. He concurred with Councilwoman
Kelley's comments and apologized for any negative comments that he had
made.
PAGE TWENTY-EIGHT-CITY COUNCIL MINUTES-OCTOBER 24, 2000
Councilman Schiffner commented on the following:
1. Read a portion of the letter he received regarding the noticing to the
residents in the Avenues. He stated that there were probably residents that
were inconvenienced in the neighborhood, however he did make inquiries
regarding the number of complaints received and there were only two; one
was from Mr. Alongi and the other was from a lady who had driven on the
slurry seal while it was still wet. He noted that the contractor was notified
and took appropriate action. He explained that he had been involved in a lot
of street pavement and he knows that people do persistently ignore the
signs; and don't believe staff when they say that the asphalt is wet. He
stated that he believes that staff did everything possible to notify the
residents.
Mayor Pro Tem Pape commented on the following:
1. Commented on the amount of construction that had been occurring in the
City. He noted that the City just completed the Main Street Project;
Country Club Heights; the Avenues; and by the end of the year Mission
Trail will be started; Railroad Canyon wil! start after the first of the year;
and Lake Street. He noted that in Spring of 2001, Highway 74 will begin
construction; and in Summer of 2001 work will begin on signals at Collier/
Central and Riverside/Collier. He noted that CDBG Funding will be
coming up soon and he would like to see some of the money spent on
streets in the downtown area especially behind City Hall. He indicated he
would also like to find some money to do Machado Street.
2. Addressed the City's graffiti problem and noted that the Community
Development Department is working on a graffiti ordinance that would
make sure that the spray cans are in a secured place in the stores that
provide that type of product. He noted that graffiti is getting out of control
in the City. He indicated that the police have had some luck in catching the
perpetrators and the City Attorney will be seeing if some restitution could
be made to the City from the children and their parents.
Mayor Brinley commented on the following:
1. Announced the Second Annual Recycled Art Show, December 1,
2000, and encouraged everyone to enter. She noted that the entry
form could be obtained at City Hall.
PAGE TWENTY-NINE-CITY COUNCIL MINUTES - OCTOBER 24, 2000
3. Congratulated Elsinore Valley Municipal Water District on their SOth
Anniversary. She noted that they would be having an open house on
Friday, October 27, 2000 starting at 4:00 p.m.
4. Announced Safe Candy Night on Downtown Main Street, October
31, 2000.
5. Announced Trick-Or-Treat Night at the Outlet Center, October 31,
2000.
6. Announced that the Ford Dealership will sponsor a Halloween Party
at the Ford Agency, October 31, 2000 at 6:00 p.m.
7. Announced the Classic Car Show on Saturday, October 28, 2000
from 3:00 p.m. to 8:00 p.m.
8. Reminded the Community of the Blast From the Past at the
Community Center on October 28, 2000 at 8:00 p.m. to 1:00 a.m.
benefiting Cops for Kids. She noted that it will be a 50's theme and
encouraged the public to attend. She announced just a few of the
people and organizations that ha~e contributed to this event including
Lusk Homes; O'Conner Security; Rod Gunn & Assoc.; Fulbright and
Jawarski; Don Hunt; Lake Chevrolet; Lake Elsinore Ford; Harris &
Associates; Lake Elsinore Resort and Casino; Lake Elsinore Chamber
of Commerce; Estes Real Estate; Abbacy Development; Lake Cafe;
Honey's Restaurant; and Wal-Mart.
9. Re-announced the Production of Guys and Dolls at Terra Cotta
Middle School on the October 25, 26, 27, & 28. She encouraged the
community to support this program.
10. Encouraged the community to attend the EDC Meetings which are
held on the 2nd Thursday of each Month at 1130 p.m.
11. Announced the Unity in the Community parade to be presented in
November.
12. Reminded the public about the Friends of the Library Book Sale on
October 28.
CLOSED SESSION
City Attorney Leibold announced that Items A& B will be heard and Item C will
not be heard since there is no need to seek direction on that item.
PAGE THIRTY-CITY COUNCIL MINUTES - OCTOBER 24, 2000
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
California Bank & Trust v. City of Lake Elsinore et al
(Riverside Superior Court Case #344190)
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION (Subdivision (a) of Government Code Section 54956.9)
City of Lake Elsinore v. All Persons Interest et al,
Riverside Local Agency Formation Commission (Case # RIC 3ll 942)
C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION Significant exposure to litigation pursuant to subdivision (b)
(3)(C) of Government Code Section 54956.9: (1 potential case)
THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED
SESSION AT 9:19 P.M. FOR DISCUSSION OF THE ABOVE LISTED
ITEMS.
THE CITY COUNCIL MEETING RECONVENED AT 10:10 P.M. WITH
NO REPORTABLE ACTION.
ADJOURNMENT
MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL
MEETING AT 10:11 P.M.
A EL
CITY OF
ATTEST:
V ~n~c~L..
VICKI ~
KASAD, C C, CITY CLERK/
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE