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HomeMy WebLinkAbout01/11/2005 CC Reports €ITY OF LAKE ELSINORE CITY C()UNCIL AGENDA ROBERTE._"BOJ:l"~GE~;.MA Y'OR -. . . . . . . WWW.LAK&ELSINORE.ORG (951) 674-3124 PHONE (951) 674-2392 FAX .LAKE ELSINORE CULTURAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 ROBEIH;L_ SCHIFFNERiMAYORPROTEM THOMAS,B.uCJ<LEY,COUNCJLMAN DARYL IDCJ{MAN, COUNCILMAN GE~IEKELI,E'y, COUNCIL~()MAN . RICHARD,W A TENPAUGHi CITY'MANAGER -, ...,.....,.....,. " . -", 0 *.~**;*#_****.*~(****.****:*'**,:ir*.k**,****-*,** **.************** **** *** ****** ** . . 'tUESDAY, JANUARY 11,2005 - 5:00 P.M. lfyqu are attending this City Council Meeting please park in the Parking Lot llcrossthestreetfrom; ihec;ultul'al Center., .This' will assist us in limiting the impact<ofm.eetings .onthepowntown Business District. Thank you for your COopel'qti()n! CA.LL TO ORDER 1 .' '. ROEL CALL ";)C.",- ;'-,~~\,: '_~ ,', ;.c' CLOSED SESSION ;'& . - . . a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code .~. 54956.8) Property: Lake Elsinore Campground and Day Use Facility N~gotiatingParties: City of Lake Elsinore and Destination Resorts, LLC a CaliforniaIlIilitedIiabiIity company. Under Negotiation: price and terms of payment b.(DQNFEllENCE WITH REAL PROPERTY NEGOTIATOR '(Government CodeSection54956.8) Pr()perty: A.P.N. 377-18Q"037(SilverSt./Minthom Street) Negotiating Parties: City of Lake Elsinore and Redevelopment Agency of tilt:: City of Lake Elsinore W.lld~FN.t::g9t!!\ti9n.:,' TermS " c. " ,'PUBLICEMPLQYEE APPOINTMENT (Government Code Section '54957) " Title: Interim City Manager d. ,l~~IJBLICEMPLOYMENT (OovernmentCode Section 54957) , FitIe:City Manager' ' , ' l ' "'ii" 'f Page Two - City Council Agenda.....Jamiitry,11,2005 } RECONVENE IN PUBLIC SESSION (7:00P.M.) PLEDGE OF ALLEGIANCE INVOCATION - MOMENT OF SILENT PRAYER ROLL CALL PRESENTATIONS/CEREMONiALS A. Presentation - Business {)fthe Year. B. Presentation - Planning Commissioner Ryan. C. Presentation..... Police Department Awards. . D. Presentation ~ Date FestivalQueen & Court. E. Presentation - Chamber Update. CLOSED SESSION REPORT PUBLIC COMMENTS - NON-AGENDIZEDITEMS .....lMINUiI'E (Please read & complete a Speaker's Form atiheP<>dillm,pri<>r totheS~ci.fihe City Council Meeting) PUBLIC COMMENTS - AGENDlZED ITEMS.....3 MINUTES (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting) CONSENT CALENDAR . (All matters on the Consent Calendar are approvedonone.niotion, unless a Councilmember or any member of the public requef;ts>separate.actionoIl..a spe<;ific item.) . 1. Minutes t a. Joint City CounciI/Redevelopment Agency Study Session- q~cember if Page Three .~. CityCouncil.i\geJlda - January 11, 20Q5 14,2004. Regular City. Council Meeting - December 14, 2004. . .... c. . City Council Study Session- December 16,2004. lRECOMMENDA TION: Approve. .~ 'ed. Planning Commission Meeting - December 21, 2004. RECOMMENDATION: . Receive & File. 2.. . Warrant-Lists a. . December 15, 2004. . b. December 31, 2004. ,RECOMMENDATION: Ratify. 3. 31 Sf Year C.D.B.G. Allocation. RECOMMENDATION: Adopt Program per January 6th Study Session. . 4. Approve 6fFinal Map.31106-1, a Residential Subdivision by Pardee Homes located north of Canyon Hills Road between Lost Road and Cottonwood Canyon Road. ,C.. ',,',. RECOMMENDATION: 'l' ..' "f ",:$, -. - ..'. ' . 5. 'Deposit and "ReinibursementAgreement With KB Homes. ApPl'I'lveEin#lMap, subject to' City Engineer's acceptance, Accept all dedicatiol1s..a:I1dAuthorize recordation. RECOMMENDATION: ApproveDeposit andR.eimbursement Agreement. Page Four - City Council Agenda - January 11,2005 BUSINESS ITEMS 32. Second Reading - Ordinance No. 1137 - R.egarding Terms of Office for Public Safety Advisory Commissioners; . . . RECOMMENDATION: Adopt Ordinance No, 1137, upon second reading by title only. 33. Acceptance of Planning Commission Resignation & Designation of Sub- Committee for Interviews. RECOMMENDATION: Accept Resignation of Harvey Ryan & Establish SllbcCommittee; 34. Employment Agreement for Interim City ManagerlInterim Executive Director. RECOMMENDATION: Approve Employment Agreement. 35. City Council Committee Appointments. l g;: f" RECOMMENDATION: APPOiritConunitteeRepresentative(l.. PUBLIC COMMENTS -NON-AGENDlZEDIIDEMS___.3MINUIDES (Please read & complete a Speaker' s Form at thePo<lium, prior to theStl'u1: ofthe City Council Meeting) CITY MANAGER COMMENTS CITY ATTORNEY COMMENTS t- ,-:~~~ '. " ,. , Page~ive '-CHy CouncilAgenda -January 11,2005 . .~. L, '..' ...', , ' COMMITTEEREPBRTS CITY TREASURER CBMMENTS - ',- '" - . -, ~ ,. ,.', - .... "'. - CITY COUNcIL COMMENTS ADJOURNMENT 'E': ,.,:.,--.:-, <-','.,'!_",.-.' ';':.- '>.'-.; ,. ,"."". 1 I I \, " " " I I' \! I, , I u u u 1(\ !I Ii MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE ' 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 14, 2004 ************************************************************* CALL TO ORDER Mayor Buckley called the Joint Study Session to order at 4:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN,KELLEY, .. MAGEE, SCHIFFNER, BUCKLEY (\ ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Recreation/Tourism Manager Fazzio, Parks & Open Space Manager Fazzio, Planning/Code Enforcement Manager Villa, Building & Safety Manager Chipman, Engineering Manager Seumalo, City Treasurer Weber, and Deputy City Clerk Ray. DISCUSSION ITEMS Mayor Buckley gave an overview of the presentations. PUBLIC COMMENTS [\ Bill Tiitto commented on the pavement on Machado Street, and drainage issues. City Manager Watenpaugh indicated that staff had been working with the County to complete the pavement issues, but there was not a schedule for AQENDA ITEM NO...J.C/... '-.. PAGElOF q PAGE TWO STUDY SESSION MINUTES - DECEMBER 14, 2004 u when it would take place. He indicated that staff was waiting for the County to fund their portion. ' . CONSENT CALENDAR 1. Minutes. Councilman Hickman commented on Item la, page 2. He indicated that he inquired about the PulteHomes drainage issue and the grading issue he had been hearing about from residents of Canyon Lake; and he had not heard anything back on the issue. He noted that it was not reflected in the minutes: He indicated the minutes only reflected comments on the retention basin. Mayor Buckley suggested a change to the minutes to have that inserted. City Manager Watenpaugh indicated that if Council would like to correct the minutes, Engineering Manager Semaulo had met with the individual from Canyon Lake regarding that very issue; and suggested that Mr. Semaulo could U give Council a brief update and then correct the minutes. Councilman Hickman requested a briefing at that time. Engineering Manager Seumalo indicated that he had met with John Reid and representativesofPulte Homes, He indicated that Pulte Homes was going to develop a schedule of their pump station and the . slopes. He indicated that they agreed that the slopes in some sections did not look as though they were in compliance with the approved grading plans, but they would come into compliance. 2. Warrant List: November 30, 2004. Councilman Hickman requested clarification on various checks'.issued on the warrant list; and staff clarified. 3. Claim Against the City - Cameron Hamilton (CL #2004-11). Mayor Pro Tern Kelley inquired if the claimant had filed a claim against CalTrans. City Manager Watenpaugh indicated that he had no knowledge ifthe claimant had filed a claim against CalTrans. . u AQENDA ITEM NO. . \ . 0... . "'" PAGE ~ OF-.:L.- (\ PAGE THREE STUDY SESSIONMINUT~S - DECEMBER 14, 2004 ., (\ (\ 4. Final Map 30493c 1- Canyon Hills Specific Plan. . . . No comments. 5. Final Map 30493-2 - Northwest of Canyon Hills Road. No comments. 6. Final Map ;W846 - Rancho La Laguna Specific Plan. Councilman Mageeindicated that he would be abstaining on this item. City . . . Manager, Watenpaugh indicated that the item needed to be corrected. He indicated that it was not Rancho La Laguna Specific Plan, it would be Eastlake or Liberty Specific Pla~, Rancho La Laguna was the Redevelopment Area that it was ,in. Mayor Buckley requested clarification that the Final Map was for projects that were already approved." City Manager Watenpaugh clarifieq. Councilman Magee cOl11I1).e~ted that the'Tentative Map was approved in August 2003, and between April and August 2003, he appeared in front of Council numerous. times and the majority of the suggestions by he and his neighbors. '. .... . were not implemented; and he did not feel it would be appropriate for hilI! to vote, since he was not a Councilmember at the time. " 7. Final Map 31917':" North of McVicker Canyon Park Road. No comments. 8. Acceptance of$3 million BoatLaunch Facility Grant. Councilman Hickman indicated that $900,000 was allocated and staff was now requesting "fdditional funds. He indicated that the Public Safety Advisory Commission advised that staff stayed within the budget. City Manager Watenpaugh indicated that the Public Safety Advisory Commission reviewed the item and recommended an additional $15,000 study be completed by Noble Consultants. He noted that the report .was included in the staff report, and there were several options outlined to be taken back to the Public Safety Advisory O \.~. AQENDA ITEM N. ~ . PAGE 3 OF - -~_.....- ----- PAGE FOUR STUDY SESSION MINUTES - DECEMBER 14, 2004 Commission, which in turn would come back with a recommendation'to the Council in terms of dealing with the peninsula, along with the boat launch. City Manager Watenpaugh indicated that the vote from Council would be just to '" accept the $3 million, and the other would come back to the Council in 60 days. 9. Resolution ofIntention to Annex Property into Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services). Councilman Hickman inquired the outtome if the prices dropdtastically, since' there were a number of homes on the market andthe CFD was higher than the 2%. Administrative Services DirectorPressey indicated that the tax would still be based on the rate and method and would not drop like regular property taxes, which are 1% of the assessed value. City Manager Watenpaugh indicated that one of the changes made by the new finance team was that there was a 3 to 1 value ratio. Councilman Hickman indicated that the 3 to 1 ratio determines the price of the house. He indicated that after speaking to Centex Homes, they could not reduce the price of the houses, so they were having to give more incentive to sale. He indicated that he wa~anticipatin:g'the prices of homes dropping. Mayor Buckley indicated thatthe CFD Councilman Hickman was discussing was Item No. 11. ' -' . 10. Resolution approving the Engineer's Report for Annexation No.3 to LLMD No 1 ; , d~'. , . . ' , - No comments. II. Resolution of intention to establish Community Facilities District No. 2005-1 (Serenity) and incur bonded indebtedness. Councilman Magee indicated that he wouldv~te on Item Nos. 9, 10, and 1 I. 12. 31 51 Year CDBG Senior Center Application; - Councilman Hickman inquired about the figures for the Senior Citizens Activity Center. CotntTIunity Services Director Sapp inoicated that they compute attendance figures on a daily basis and were averaging 185 people per AGENDA ITEM NO. _\ .0-.' , PAGEJOF 3 u u " u 1 I I (\ PAGE FIVE STUDY SESSION MINUTES - DECEMBER 14, 2004 I " \1 , , Ii I, I day, and 27% ofthose individuals were residents of the County. PUBLIC HEARINGS 21. Annexation No.'71, GeneralPlan Amendment No. 2004-09. Mayor Buckley inquiredifthis included TUMF, TIF, and MSHCP. City Manager Watenpaugh indicated that it included all fees. BUSINESS ITEMS 31. Second Reading - Ordinance No: 1133. No comments. (\ 32. First Reading - Ordinance No. 1135. Mayor Buckley inquired if a lot was 40 feet wide if the property owner be responsible for the additional 1 0 feet. Community Services Director Sapp indicated that to staffs knowledge the lots in County Club Heights were ail average of 50 feet wide. City Manager Watenpaugh indicated that the propertY ' owner would only be responsible for their lot. Mayor Buckley requested the wording in the ordinance be changed to indicate property owner's lot. 33. Contract Award - General Plan Update - Mooney-Jones & Stokes - Not to exceed $825,000 with a contingency of $47,544 or 6.1 percent. (\ Councilman Magee inquired if there would be a presentation from the Planning Department and if the firm would be present at the 7 p.rn. Council Meeting. City Manager Watenpaugh confirmed. Councilman Magee requested a comment from Councilman Schiffner, being that Councilman Schiffner observed the interviews. Councilman Schiffner commented that all the candidates were qualified, but Mooney-Jones & Stokes was the best choice. City Manager Watenpaugh indicated that this firm had the capacity and capability of doing the most complete Community Involvement Program and staff would be dealing with the partners as opposed to the technicians later ACilENDA ITEM NO. \, c... . PAGE .5 OF 9 J PAGE SIX STUDY SESSION MINUTES - DECEMBER 14, 2004 down the road. i,: " 34. Annual Adjustment of Transportation Uniform Mitigation Fee (TUMF). Mayor Buckley indicated that the validation date was now April I st., City Manager Watenpaugh confirmed. He indicated that it included a fee that had to have a longer notification, so the item needed-to be pulled and brought before Council on December 28th. .' . .. ."'. ..... . 35. Public Safety Advisory Commission Status Report. City Manager Watenpaugh gave an overview of the item. . He indicated that Public Safety Advisory Commission Chairman Uhlry would be giving a report at the 7 p.rn. Council Meeting. 36. Meeting of December 28, 2004. .,.... t,' Mayor Buckley indicated that with TUMF and AnimaLFriends of the Valley there would need to be a December 28th meeting. City Manager Watenpaugh inquired if the Policy Manual would be coming to Council for review on December 28th. Mayor Buckley suggested a Study Session in January, 2005; and bring the Policy Manual back at the second Council Meeting in January, 2005. 37. Reorganization of Council. ,I ,., . . . No comments. REDEVELOPMENT AGENCY ,- CONSENT CALENDAR 1. Minutes. I.: No comments. . j( , " AQENOA ITEM NO. PAGE~OF u u , .- u \ ,tA. Lj n PAGE SEVEN STUDY SESSION l\iINUU;S - DECEMBER 14, 2004 PUBLIC HEARINGS . ,;' . None. , . BUSINESS ITEMS 2. Meeting of DecembeI: 28;'2004. No comments, 3. Request for Direction on Stadium. ('\ Board Member Buckley suggested creating three RFP's - (1) out right purchase (2) Lease Option (3) Operating the Stadium. City Treasurer Weber indicated that some thought needed to be put in the process. Board Member Buckley indicated that the RFP would essentially create a sale box. He indicated that the deal received from Impact Inc. would be a baseline. Chairman Hickman . suggested waiting until the bond audit comes back; and requested a P and L statement on the Stadium. n Legal Counsel Leibold indicated that thrQughout the negotiations with Impact Inc. the priority of the Agency Board was that the Stadium did not stand alone and the Stadium Project was something that should be pursued in connection with adjacent development; and an outright sale was not preferred. She indicated that the preferred alternative was a short term lease with an option to purchase based on successful operation and the qualified investment. Board Member Buckley indicated that when he suggested sale of the property it was meant with all the stuff the City wanted around the Stadium. Board Member Schiffuer indicated that he did not want to sell it to someone with cash, because there was no assurance that they would make the investment. He indicated that the lease period guaranteed the investment and they had to be qualified to purchase, and that would be a form of a guideline the Board would need to follow. Board Member Magee indicated that he agreed with Board Member Schiffher; and Board Member Buckley's idea could take that guideline and put it in writing, AQENDA ITEM NO. \ 'CA.., PAGE "( OF '1 PAGE EIGHT STUDY SESSION MINUTES - DECEMBER 14, 2004 Chairman Hickman indicated that he wanted a line item of what it cost to operate the Stadium. Board Member Schiffner suggested adding the underlying cost of the deal with Lehr as a noted item. Executive Director Watenpaugh suggested a fourth RFP that would hire someone to market and promote the Stadium. City Treasurer Weber suggested a brain storming session. He indicated there should be a business plan. PUBLIC FINANCE AUTHORITY BUSINESS ITEMS .. 1. PublicFinance Authority Board Reorganization. No comments. ADJOURNMENT THE JOINT CITY COUNCILIREDEVELOPMENT AGENCY STUDY. SESSION WAS ADJOURNED AT 5:00 P.M. 1; I'l,' ; THOMAS BUCKLEY, MAYOR CITY OF LAKE ELSINORE f" '-." DARYL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY -' AQENDA ITEM W' \. 0-.. "PAGE OF <-i u u '. u (\ PAGE NINE STUDY SESSION MINUTES - DECEMBER 14, 2004 (\ (\ Respectfully submitted, FREDERICK RAY, DEPUTY CITY CLERK ATTEST: VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE AlilENDA ITEM NO. J . ~ . ". PAGE~ OFJ u u u I; I , (\ ('! (\ MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY; DECEMBER 14, 2004 *********************~******************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5:00 p.m. ROLL CALL PRESENT: .COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY ABSENT: COUNCILMEMBER: NONE Also present were: City Manager Watenpaugb, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community . Development Director Brady, Community Services Director Sapp, Lake/Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Parks & Open Space Manager Fazzio, Planning Manager Villa, Recreation & . Tourism Manager Fazzio, City Treasurer Weber and City ClerklHuman Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) Property: Lake Elsinore Campground and Day Use Facility Negotiating Parties: City of Lake Elsinore and Destination Resorts, LLC, a California limited liability company. Under Negotiation: Price and Terms of Payment AGlENDA .TEM NO. I. b . PAGE-L OF ') ~ Page Two - City Council Minutes':'" December 14, 2004 u b. 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) c. PUBLIC EMPLOYEE PERFORMANCE EVALUATION ~ City Manager (Goverrupent Code Section 54957) d. . PUBLIC EMPLOYEE PERFORMANCE EVALUATION - City Clerk (Government Code Section 54957) City Attorney Leibold announced the closed session discussions as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:01 P.M. The Closed Session discussion was completed at 6:35 p.m. u RECONVENE IN PUBLIC SESSION Mayor Buckley reconvened the Regular City Council Meeting in Public Session at 7:01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by School Board Member Jeannie Corral. INVOCATION - MOMENT OF SILENT PRAYER Mayor Buckley led the meeting in a moment of silent prayer ROLL CALL PRESENT: COUNCILMEMBERS:' . HICKMAN, KELLEY, . MAGEE, SCHIFFNER, u AGENDA ITEM NO.J .b. PAGE2-0F 3 9 ' 1 (\ I , Ii I; I: n (\ Page Three - City Council Minutes - December 14, 2004 BUCKLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Fire Chief Gall~gos, Lake/Aquatic. Resources Director Kilroy,Police Chief Fetherolf, Engineering Manager Seumalo, Finance Manager Magee, Information/ Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Recreation & Tourism Manager Fazzio, City.. Treasurer Weber and City ClerklHuman Resources Director Kasad. PRESENTATIONS/CEREMONIALS A. Presentation - Elsinore Valley Cap. Janna Cass, Director of the Unity in the Community 5k Race, noted that this was their fourth year and. the eyent was getting better. She advised that this year they were able to give more to Cops for Kids, Community Connections . and HOPE. She also presented $1,000 to Maureen Davis for the City's After School Program at the Community Center. She commended the City for its support of the race and indicated that she was pleased to provide this funding for the After School Programs. Ms. Davis thanked Ms. Cass for the funding and indicated that this was the fifth year of the After School Program, but noted that it was not specifically funded. B. Presentation - Chamber of Commerce Update. Kim Cousins, President and CEO of the Lake Elsinore Valley Chamber of Commerce, wished everyone Happy Holidays. He thanked the community for their support of the food drive and noted that it would end this Friday. He noted an article in the Under the Sun Magazine, indicated that it was good information, which would be continued in the next issue. He advised AQENOA ITEM NO. 1 ' k, . " PAGE 3 OF )C\ Page Four - City Council Minutes -December 14,2004 u that he had provided copies of their latest newsletter. He announced the upcoming Annual Installation Dinner at the Diamond on January 22od, indicating that it would include their awaros ceremony and be an exciting evenmg. CLOSED SESSION REPORT City Attorney Leibold noted the four items listed on the item. She advised that Item D relating to the Performance Evaluation for the City Clerk had been> continued to December 28th. . She advised that with regard'to the Real Property Negotiations on the Campground and the Anticipated Litigation they were both discussed, however there was no reportable action. She announced that with . regard to Item C on the Performance Evaluation for the City Manager, the City Manager and City Council had discussed the issue and the City Manager had. announced his retirement effective February 4, 2005. She indicated that an U agreement had been prepared for placement on the agenda this evening and . requested a motion by the City Council. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADD THE RETIREMENT AGREEMENT AND MUTUAL GENERAL RELEASE WITH CITY MANAGER WATENPAUGH TO THIS AGENDA FOR CONSIDERATION. City Attorney Leibold -indicated that she would make the agreement available to the City Clerk as a public record. Mayor Buckley highlighted the general provisions of the agreement, with Mr. Watenpaugh remaining in his position until February 4th, then receiving Y2 of salary and payment of about $74,000 for six additional years of CalPERS retirement.. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE RETIREMENT AGREEMENT AND MUTUAL GENERAL RELEASE AND DIRECT STAFF TO PLACE AN ITEM ON THE DECEMBER 2STH AGENDA REGARDING U POTENTIAL TRANSITION SCENARIOS. AGENDA ITEM NO. \ ,l. PAGE~ OF...11-1 1 !I (\ Ii \I 'I ,I il I I I , n ('\ Page Five - City Council Minutes - December 14, 2004 . City Attorney Leibold indicated that she would have the agreement executed by the Mayor and available with the City Clerk. PUBLIC COMMENTS - NON-AGENDIZEDITEMS -1 MINUTE " .- Paula Graver, 117 Poe Street, noted her new dog. She commented on the upcoming Saturday Support the Troops Rally, and indicated that it would be special with eight Vietnam Veterans present. She thanked the Unity in the Community parade forthe recognition, as the most patriotic unit. She thanked those who had helped her send out37 gift packages. to local troops; and provided her e-mail address for those wishing to have more sent out as Alaskan.angel@fuo.net. Salvador Sepulveda, 31094 S. Wisconsin Street, commented on the condition of Kansas, Lehr and Illinois Streets, noting that he had been there for 48 years and improvements were overdue. He indicated that they voted for landscaping and lights, but ~till did not have lights; and stressed that they would like to have their. area considered for improvements. Mayor Buckley noted that the Council had receiv,ed photos of the area and questioned ifhe had met with staff regarding the : Pavement Management System. . City Manager Watenpaugh confirmed that the information was received and noted that it was scheduled for paving. He offered to call Mr. Sepulveda regarding the timing for paving. - Howard Steinbacher, 28925 Red Gum Drive, expressed concern with the Costco site. He explained that the hours of construction, from 8 p.m. to 4 a.m., were. causing noise and disruption of sleep for the residents of the eucalyptus grove. He indicated that he was a retired contractor, and he was always restricted in his hours of work. He questioned if this was a violation ofthe City's noise ordinances and whether the Council was aware of what was going on. He noted that he lived within 800 or 1,000 feet of the area. He questioned why they had been allowed to ' work at night. City Manager Watenpaugh indicated that when they started the program, it was decided that ther~ would be less disruption and traffic problems if the work was done at night. He anticipated that there would be about two more months of night work, unless the Council wished to change the process. He.. AGENDA ITEM NO. \ ,b . PAGE 5 OF~ Page Six - City Council Minutes - December 14, 2004 u stressed that there was the potential for more disruption during the day. Mr. Steinbacher stressed his concern with the noise level. City Manager Watenpaugh indicated that he would be happy to pass the information on, but noted that the developer had ,offered to provide hotels to help.resolve sleep issues because they were moving as quickly as possible to get the work done. Mr. Steinbacher inquired how they got permission to work at night., City Manager Watenpinigh indicated that they were granted approval, due to the day-time traffic concerns. Mayor Buckley commented that the choice was between bad 'traffic and bad noise. City Manager Watenpaugh apologized for the noise. Mr. Steinbacher inquired if there was a way to slow the work down. . Community Development Director Brady indicated that they were reviewing with the contractor, the potential fot using . strobe lights instead of the back up alarms. Mr. Steinbacher suggested that this' would be helpful and stressed the level of noise. ;' Lorraine Watts, 210 N. Scrivener, addressed the 2005 Homeless Census Project, U and encouraged everyone to fill out forms and participate. ' She 'explained that the Homeless Census would be taken all over Riverside County, and stressed 'the need for input and volunteers. She thanked the City for having the Community , meeting last Thursday with the community groups imd churches. She indicated that working together on that level would allow for a good census. John Reid, 21625 Appaloosa Court, Canyon Lake, indicated that he 'was on the border of Canyon Lake and Lake Elsinore, near Pulte Development. He noted that he met with City Engineer Seumalo today and the Pulte representatives to discuss the issues of grading on the slopes. He advised that he came to report on that meeting and indicated that the most important information was that the slope behind his house was too close to the property line. He indicated that everyone agreed it was done improperly and that it would be changed. He noted that there was also discussion of installing a "v" ditch, street lights and landscaping on the ' slopes. . Ruth Atkins and J.J. Swanson, thanked the community for their support of the Holiday Home Tour. They noted that The Chimes was on the tour and many people were very interested in visiting The Chimes. They indicated that there AQENDA ITEM NO. \ ,~ ' PAGE..la- OF ~ U (1 Page Seven - City Council Minutes - December 14, 2004 (1 (1 were six others, which were nice as well. They noted that the owners of The Chimes had indicated that it might be open on a more frequent basis in the future. They announced that there would be another fund-raiser with a local business owner for a raffle. They explained that the grand prize winner would get to name a street at the grand opening of the museum. They indicated that raffle tickets were $10 each. PUBLIC COMMENTS...,. AGENDIZED ITEMS - 3 MINUTES. Requests were received to address the following items and deferred to those. discussions: Item Nos. 8;33 and 35. CONSENT CALENDAR The follqwing item was pulled from the Consent Calendar for further discussion and consideration: Item No.8. . I' MOVED BY BUCKLEY, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED WITH THE CHANGE TO THE MINUTES AS REQUESTED BY COUNCILMAN HICKMAN AND COUNCILMAN MAGEEABSTAINING.ON ITEM NO.6. 1. The following Minutes were approved as corrected: a. Joint City Council/RedevelopmentAgency Study Session- .' November 9, 2004. b. Regular City Council Meeting - November 9, 2004. c. Special City Council Meeting - November 23,.2004. AQEN[)A ITEM NO. \, b ' ""PAGE . 1 OF ,) Of Page Eight - City Council Minutes - December 14, 2004 u The following Minutes were received and ordered filed: d. Planning Commission Meeting ~ November2, 2004. 2. ' Ratified Warrant List for NovemberJO, 2004. . 3. Rejected and referred to Claims Administrator for handling, the Claim , Against the City, submitted on behalf of Cameron Hainilton (CL #2004-11). 4. Approved Final Map 30493-1, located in the Canyon Hills Specific Plan,' subject to City Engineer approval, and authorized recordation. 5. Approved Final Map 30493-2, located Northwest of Canyon Hills Road, subject to City Engineer approval and authorized recordation. u 6. Approved Final Map 30846, located in the Rancho La Laguna Specific Plan, subject to City Engineer approval and authorized recordation. (This item was approved by a vote of 4 - 0, with Councilman Magee abstaining.) 7. Approved Final Map 31917, located North of McVicker Canyon Park Road, subject to City Engineer approval and authorized recordation. 9. Adopted Resolution ofIntentioriNo. 2004-68, to annex property into Community Facilities District No. 2003-1' (Law Enforcement, Fire and Paramedic Services }and to authorize the levy of a special tax within Annexation Area No.9 (Serenity); and scheduled public hearing for January 25,2005. RESOLUTION NO. 2004-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, TO ANNEX PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE U 1.\0, AQENDA ITEM NO. 0. C\ PAGE..K-OF~ 1 I I (\ I I I' I 'I , II " 'I I, :1 II I, I Page Nine - City Council Minutes - December 14, 2004 AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN THE ANNEXATION AREA NO.9 (SERENITY). 10. Adopted Resolution No. 2004-69 initiating proceedings and approving the Engineer's Report for the Annex;1tion of certain territory known as Tracts 30846 and 19344-3 into the City of Lake Elsinore Landscape and Street Lighting District No.1, as LLMD Annexation No.3, declaring the City's intention to order the Annexation and to levy and collect assessments, determining that these proceedings. shall be taken pursuant to the Landscaping and Lighting Act of 1972 and the right to vote on taxes act, and offering a time and place for hearing objections thereto on January 25, 2005. (\ RESOLUTION NO. 2004-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, . INITIATING PROCEEDINGS AND APPROVING THE ENGINEER'S REPORT FOR THE ANNEXATION OF CERTAIN TERRITORY KNOWN AS THE TRACTS 30846 AND 19344-3 INTO THE CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO~ 1, AS ANNEXATION NO.3 TO THE LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO.1, DECLARING THE CITY'S INTENTION TO ORDER THE ANNEXATION AND TO LEVY AND COLLECT ASSESSMENTS DETERMINING THAT THESE . PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT, AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. (\ 11. Adopted Resolution oflntention No. 2004-70 to establish Community. Facilities District No. 2005-1 (Serenity) and Resolution No. 2004-71 to AGENDA ITEM NO: ..... \ .b. PAGE~OF~ Page Ten - City Council Minutes - December 14, 2004 u incur bonded indebtedness. RESOLUTION NO. 2004-70 '. A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, TO ESTABLISH CITY OF LAKE ELSINORE COMMUNITY FACILITIES'DISTRICT NO; 2005-1 (SERENITY). . . RESOLUTION NO; 2004-71 " , - A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED $12,000,000 WITHIN THE PROPOSED CITY OF LAKE ELSINORE COMMUNITY U FACILITIES DISTRICT NO. 2005-1 (SERENITY). 12.. Approved 31st Year CDBG Senior Center Application, and directed staff to submit it for continued funding in the amount of $35,721. PUBLIC HEARINGS 21. Annexation No. 71. General Plan Amendment No. 2004-09. Zone Change No. 2004-04. vesting Tentative Tract ManNo. 32503 and Mitigated Negative Declaration No. 2004-09. Community Development Director Brady eXplained this item and the components which related to the annexation ofapproximately-15.75 acres of land. He advised that it would be required to go through the LAFCO process, as well as a general plan amendment, zone change and tentative tract map process. He advised that the design review would'come to the Council at a future date. He detailed the resolutions and ordinance for Council's consideration at this meeting. . u \J), AQENDA ITEM NO. PAGE \ 0 OF ...l9.- (\ Page Eleven - City Council Minutes :- December 14, 2004 Mayor Buckley opened the public hearing at 7:28 p.m. asking those persons interested in this item to speak. There were no public comments. , Councilman Schiffuer inquired if the four resolutions could be adopted in one motion. City Attorney Leibold indicated that it would be preferable to do one at a time. - MOVED BY MAGEE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-72: . RESOLUTION NO. 2004-72 (\ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MITiGATED NEGATIVE DECLARATION NO. 2004-09 FOR THE PROJECT KNOWN AS ANNEXATION NO. 71, GENERAL PLAN AMENDMENT NO. 2004- 09, ZONE CHANGE NO. 2004-04 AND VESTING TENTATIVE TRACT MAP 32503 LOCATED AT APN(S) 349-400-005, 349-430-011 & 012 AND A PORTION OF 349-430-006. MOVED BY MAGEE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-73:. RESOLUTION NO. 2004-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO ANNEX THE TERRITORY DESIGNATED AS ANNEXATION NO. 71 (APN(S) 349- 400-005, 349-430-011 & 012 AND A PORTION OF 349-430-006) INTO THE CORPORATE BOUNDARIES OF THE CITYOF LAKE ELSINORE. n MOVED BY MAGEE, SECONDED BY KELLEY AND CARRIED BY AQENDA ITEM NO. \ ,\0 I PAGEJL OF1:1- Page Twelve - City Council Minutes - December 14, 2004 u UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-74: RESOLUTION NO. 2004-74 ORDINANCE NO. 1134 AN ORDINANCE OF THE CITY COUNCIL OF THE 'CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE (PRE- ZONE) NO. 2004-04 CHANGING THE ZONING DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS APN(S) 349-400- 005,349-430-011 & 012 AND A PORTION OF 349-430-006 TO R-l SINGLE FAMILY RESIDENTIAL DISTRICT UNDER THE ZONING ORDINANCE SUBJECT TO COMPLETION OF ANNEXATION NO. 71. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, AGENDA ITEM NO. \ ,6, PAGEI:L OF.J..:L u ('\ Page Thirteen - City Council Minutes,.- December 14, 2004 BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-75: RESOLUTION NO. 2004-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE (\ ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTI-SPECIES HABITAT CONSERVATION PLAN (MSHCP) FORTHEPROJECT KNOWN AS ANNEXATION NO: 71, GENERAL PLAN AMENDMENT NO. 2004- 09,ZONE CHANGE NO. 2004-04 AND VESTING TENTATIVE TRACT MAP 32503 LOCATED AT APN(S) 349-400-005, 349-430-011 & 012 AND A PORTION OF 349-430-006. o MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE VESTING TENTATIVE TRACT MAP NO. 32503 SUBDIVIDING THE 15.75 NET ACRE SITE INTO SIXTY (60) SINGLE-FAMILY LOTS. BASED ON THE ATTACHMENTS AND FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL: Findings - Mitigated Negative Declaration I. Revisions in the project plans or proposals made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the. effects or mitigate the ,effects to a point where clearly no. significant effects would occur; and ' AGENDA ITEM NO. /.6, PAGE 13 OF~ J Page Fourteen - City Council Minutes - December 14, 2004 u The applicant has made revisions to the project or has agreed to specific conditions, which would avoid the effects or mitigate the efficts of the project to a point where no significant efficts would occur. 2. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have significant effect on the environment. Pursuant to the evidence received in the" light of the whole record presented to staff the project will not have a significant effict on the environment considering the applicable Conditions of Approval and Mitigation Monitoring Program. Findings - General Plan Amendment 1. The proposed General Plan Amendment 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 the property or improvements in the neighborhood or within the City. U The proposed General Plan Amendment has been analyzed relative to its potentiality to be detrimental to the health, safety, comfort and welfare' of the persons residing or working within, the neighborhood of the proposed amendment. The primary iss~e identified bystaffrelates to the traffic impacts of the proposed density. Staff, concluded, based on the Traffic Analysis, that the Level of Service for the intersections in the Study Area will not be degraded as a result of this project upon the completion of annexation., 2. The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. . . The proposed General Plan Amendment will allow the applicant to develop the site, upon annexation, with the proposed density of 3.80 Dwelling Units/net acre and will in turn bring about a site more compatible with the area known as the Ramsgate Specific Plan. 3. The proposed General Plan Amendment would establish a land use density and usage more in character with the subject property's location, access, and constraints. The proposed General Plan Amendment, upon annexation, would establish a density more in conformance with the recently Ramsgate Specific Plan to the south and east of the subject site, Additionally, the proposed project site would be in close proximity of any necessary services needed by persons residing in the proposed subdivision as indicated in the "Plan U AGENDA ITEM NO. I. b. PAGE~ OF....Y:L- (\ (\ (\ Page Fifteen - City Council Minutes - December 14, 2004 : of Services " report.' , ", , '4. The proposed General' Plan Amendment will not have a significant effect on the enviromnent. , " The proposed General Plan Amendment was included within the description of the project's Initial Study. Based on the Initial Study, staff intends to adopt a Mitigated Nl!gative Declaration, which concluded with mitigations that the project, upon anrzexation, will not have a significant effect on the environment.. Findings - MSHCP , '-,',' '\. ,The proposed project is a'project under the City's MSHCP Resolution that must 'make an MSHCP Consistency finding before approval. Pursuant to, the City's MSHCP Resolution, because the proposed project requires a number of discretionary approvals from the City and is subject to CEQA review, it must be reviewed for MSHCP consistency, which entails for the proposed project determining whether it is subject to the City's LEAP process, consisient with the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, 96.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSiICp, 96.1.3), Additional Survey Needs and Procedures (MSHCP, g 6.3.2), UrbanlWildlands Interface Guidelines (MSHCP, 9 6.3.2), Vegetation Mapping (MSHCP, g 6.3.1) requirements, Fuels Management Guidelines (MSHCP, 9 6.4), and payment oi the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, 94). ' 2. The proposed project is not subject to the Joint Project Review process. The footprilit of the project, site has been modified to avoid the MSHCP Criteria Area, and therefore, does. not now iall within the ,Criteria Area, 'This has been made a condition of approval.' As a result, the proposed project would not be subject to the Joint Project Review process. ' 3. The proposed project is ,consistent with the RiparianlRiverine Areas and Vernal Pools Guidelines. ',', , No riparian, riverine, vernal pool/fairy shrimp habitat and other aquatic r;esources were identified on the proposed project site. As a result, no jitrther MSHCP analysis or conservation measure,s are required' The proposed project is therefore consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. ' 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. " , AQENOA ITEM NO. \, b. PAGE I:) OF-3~ Page Sixteen - City Council Minutes - December 14, 2004 . u .7. The project site does not fall within the Narrow Endemic Plant Species' Survey Areas. Therefore, habitqt assessments qndlor focused surveys' are. not required for Narrow . Endemic Plant Species. The proposed project is therefore consistent with the Protection of Narrow Endemic Plant Species Guidelines. . . . . S. The proposed project is consistent with the Additional Survey.Needs and Procedures. The project :site falls within the Burrowing Owl Survey Area. However, it was determined that the species is not expected to occur on-site due' to the lack of suitable habitat. To assure burrowing owls will not be impacted by project-development, as a condition of project approval, a pre-construction survey will be required before grading to confirm,the absence of burrowing owls, as required by the MSHCP. The project is therefore consistent with the Additional Survey Needs Requirements. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. Measures hav~ been inc~rporated into the proposed project so that there will be no project-related drainage, toxics, lighting, noise, invasives, barriers, and gradinglland development impacts to the Cons.ervation Area, The proposed project is therefore consistent with the Urban/Wildlands Interface Guidelines. . , '. The proposed project is consistent with the Vegetation Mapping requirements. The vegetation of the entire project site has been mapped. .This mapping is sufficient under the MSHCP and is consistent with the MSHCP. " u 8. The proposed project is consistent with the Fuels Management Guidelines. The proposed project has been des.igned to include landscape buffers near the proposed MSHCP Conservation Area that will in essence act as Fuel Modification Zones. Within these areas there will be' }ire-resistant, non-invasive plants. Accordingly, with these measures, the proposed project is therefore consistent with the Fuels Management Guidelines. 9. The proposed project will be conditioned to pay the City;'s MSHCP Local Development Mitigation Fee. As a condition of approval, the project will be required td pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. _ The current fee for residential development with a density of less than 8.0 dwelling units per acre is $1,651 per dwelling unit. '.' \ , " 10. The proposed project overall is consistent with the MSHCP. u J,b, AGENDA ITEM NO. PAGE \ Iv OF 1 q . (\ I I: " 'I II I, I' , (\ (\ Page Seventeen - City Council Minut~s - December 14, 2004 _ The proposed project complies and is consistent with all of the required procedures, policies, and guidelines of the City's MSHCP Resolution and the MSHCP. The applicant has made revisions to the project or has agreed to specific conditions, which would avoid the efficts or mitigate the effects of the project to ,a point where no significant efficts would occur. II. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have significant effect on the environment. Pursuant to the evidence received in the light of the whole record presented to staff the . project will not have a significant effect on the' environment considering the applicable Conditions of Approval and Mitigation Monitoring Program. CONDITIONS OF APPROVAL GENERAL CONDITIONS 1.' The applicant shall defend (with counsel acceptable to the City)" indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or . proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an ~pproval of the City, its advisory agencies, appeal boards, or legislative body concerning 'the Tentative 'Condominium Map, 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 prompdy notify the Applicant of any ~uch claim, action, or proceeding against the City 'and will cooperate fully with the defense. If the City fails to prompdy notify the Applicant 'of any such cJ:Um, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. . . . ANNEXATION No. 71 2. The annexation of said property shall comply with the requirements contained in the Cortese-Knox-Herzberg Local Government Reorganization Act of 2000 (Government Code Section 56000-56001) and the standards.atid policies established by the Riverside Local Agency Formation Commission (LAFCO). 3. All entitlements contained herein are subject to the completion and approval of the annexation of the subject property. AGlENDA ITEM NO. \.6 . PAGEll OF 2+ Page Eighteen - City Council Minutes - December 14,- 2004 u VESTING TENTATIVE TRACT MAP NO. 32503 4. Pursuant to Section 66454 of the California Subdivision Map Act (CSMA) Vesting Tentative Tract Map No: 32503 shall not become effective' until such time that Annexation No. 71 is approved by the City Council and has reCeived final approval by Riverside County Local Agency Formation Commission (LAFCO), and recorded as territory un4er the jurisdiction of the City of Lake Elsinore. , . , J 5. The conditional approval of Vesting Tentative Tract Map No. 32503 shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies " ' and standards' as of the date the Local Agency Formation Commission files and records a Certificate of Completion with'the County- Recorder. 6. The vested rights shall expire if a final map is not approved prior ~o the expiration of the vesting tentative map. 7, Vesting Tentative Tract Map 32503 shall comply with the State of California Subdivision U Map Act and all applicable requirements of the Lake Elsinore Municipal Code, Title 16 Unlesst,nodifie.d by approved Conditions of Approval. ' 8. The applicant shall comply ~th all nriugo:tion measures 'establishedwithin the Mitigation ,Monitoring Program for Mi~ted Negative Declaration N? 2004,-09 contained herein. 9. Prior to final certificate of occupancy of Vesting Tentative' Tract Map No. '32503, the improvements specified herein and approved by the Planning conimissi;;n and the City Council shall be installed, or agreements, for said iniprovements, shall, be subrnitt~d 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 die agreements, 10. The applicant shall sign and complete an "Acknowledgement of Conditions" and shall return the executed original to the Community Development Department, Plailning Division. " . , , , " , 11. The par~er identified as a "remaiIlderpar~el" 'as sho~ ~nthe Vesting Tentative Tract , Map shall remain Undeveloped until such time that the conservation area as identified by the Multi-Species Habitat Plan (MSHCP) for related criteria cell is identified. u AGENDA 'TEM NO. \ I b, PAGEJ...[OF 3 <\, (\ (\ (\ Page Nineteen - City Council Minutes - December 14, 2004 PRIOR TO FINAL TRACT MAP 12. Prior to Final Tract Map' ~pproval by the City Council, all lots within this ~ubdivision shall conform to the standards of the Section 17.23 (Single-Family Residential District) of the LEMC. . . . 13. The Final Map shall be in compli~ce with the approved Vesting Tentative Tract Map No. 32503 as stamped approved by the Planning Division. 14. A precise survey with closures for boundaries and all lots shall be provided per LEMC. . .' 15. Street names within the subdivision shall be approved by the Planning Division. 16. The applicant shall comply with all requirements of,Elsinore Valley Municipal Water District (EVMWD). 17. 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.' 18. The applicant shall meet all requirements of Southern California Edison Company. In addition, the developer shall submit plans' tc!' Southern California. Edison for a layout of the street lighting system. The cost of street lighting and including installation shall be the responsibility of the Lighting Landscaping and Maintenance District (LLMD No.1). Said plans shall be approved by the City and shall be installed in accordance with the City Standards. Amended per the Planning Commission December 7, 2004. . PRIOR TO ISSUANCE OF GRADING PERMIT 18. The applicant shall be required to submit a Construction Management Plan subject to the approval of the City Engineer and the Community Development Director or designee. 19. The City's Noise Ordinance shall be met during all on site preparation activity. Construction shall not commence before 7:00 a.m. and shalf-completely cease at 5:00 p.m., Monday through Friday. Construction activity shallnoftake phice on Saturday and Sunday, or any legal holidays. AGENDA ITEM NO. 11 ~ ' PAGE..J..:L OF .J.J....: Page 1\venty - City Council Minutes:'" December. 14, 2004 u " 20. Any alterations to the topography, ground surface, or any other site,preparation activity will require the appropriate City permits from the Engineering Division. A Geologic Soils Report with associated recommendations will be required for all grading permit approval, arid all gradinginust meet the City's Gtiiding Ordinance, siibjectto the approval .' of the City Engine~r. Interim and permarlent erosion control measures are required. The applicant shall bond 100% for material and labor for one year for 'erosion control landscaping at the time the site is rough graded. . , PRIOR TO ISSUANCE OF BUILDING PERMITS 21. The applicant sh31l submit a Photometric Study which provides analysis of the lighting generated by exterior street lighting. The,photometric study shall insure that street lights do not substantially impact the neighboring properties.' , 22. The applicant shall be required to forma Home Owner's Association (HOA) or join an existing Home Owner's Association for adequate maintenance of common open' space and related landscaping. 23. Arrangements shall be made between the City arid.the applicant for fiscal impacts by the project prior to issuance of the first building permit." The applicant shall participate in a Cost Recovery Program or make other arrangements with the City to offset the annual negative fiscal impacts of the project on public sarety and maintenance issues in the'City, including city-wide improvements and facilities relating to fire and' police protebtion and maintenance of roadways, etc. The applicant may fulfill.this req~irement by annexing into the Cori1munity Facilities District (CFD) No. 2003-01 as detailed 'in Condition of Approval No. 87." u 24. All development associated with this subdivision requires separate Design Review consideration and approval by the Planriing Commission in accordarice with Section 17.82 of the LEMC prior to the issuance of a building permit. , . '. .. 25. House plotting, architectural drawings, floor plans and landscaped buffer ai-eas shall be in substantial conformance with the plans contained herein. All standards of development in effect at the date. the applicatio)1s were deemed complete (August 2, 2004) shall apply for this project. ,.' . , . ' , 26. All tract fencing shall be approved subject to Section 17.l4.130.D'oftlie Lake Elsinore Municipal Code. A Fencing Plan shall be submitted to the Planning Division for review and approval at the discretion of the Community Development Director. u AQENOA ITEM No._l,b ' PAGE d-. OoF 3:.1- n Page Twenty-One - City Council Minutes- December 14, 2004 27. All trailers and/or mobile homes used during construction, mailboxes and signage shall be subject ~o Planning Division review and approval prior to. installation. All trailers and/or mobile homes .used during construction shall require a cash bond to guarantee proper removal. PRIOR TO CERTIFICATE OF OCCUPANCY 28. Slopes on individual lots in excess of three-feet in height shall be installed, landscaped and irrigated by the developer. These slopes shall be maintained by individual home owners. 29. All common slopes shall be installed, landscaped, and irrigated by the developer. All common slopes shall be maintained by the established Home Owner's Association. 30. The applicant shall meet all the requirements of the serving gas utility. 31. The applicant shall meet ali the requirements of the serving telephone utility. ' n 32. Prior to issuance of a building permit, the applicant shall prepare and record CC&R's against the subdivision. The CC&R's shall be reviewed and approved by the Community Development Director:or Designee and the City Attomey. The CC&R's shall include methods of maintaining the landscape common areas, detention basin(s) and access drive way located between lot(s) 10 and 11. In addition, CC&R's shall established methods to address design improvements. 33. No dwelling unit in the subdivision shall be sold unless a corporation, association, property owner's group or similar entity has been formed with. the right to financially assess all properties individually. owned or jointly owned which have any rights or interest in the use of the common areas and 'common facilities in. the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the 'development. Such entity shall operate under recorded CC&R's: which shall include compulsory membership ofall owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the 'City prior to making any such sale. This condition shall.not apply to land dedicated to the City for public purposes. 34. Membership in the Hom~ Owner's Association shall be mandatory for each buyer and any successive buyer:" - (\ AGENDA ITEM NO. 1,6. PAGE.1L OF .3 1 Page 1\venty-1\vo - City Council Minutes - December 14; 2004 . u 35. Prior to' i~i;uance of any grading permit or building permits, the' applicant shall sign and . . complete an'''Acknowledgement of Conditions"~forin and shall rhurn the ex~cuted original to the Planning Division for inclusion in the case records. 36. Prior to the commencement of grading operations, the applicant shall provide a map of all proposed haul routes to be used for movement of dirt material. Such routes shall be subject . to the review and approval of the City Engineer: A bond may be required to pay for damages to. the public right-of ~way, subject to the approval of the City Engineer. 37. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the, City's Landscape Architect Consultant .and ..the Comniunity Development Director or ,designee, prior to issuance of building permit: .A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. a. 1\11 planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. ' ., U ,... b. Applicant shall plant street trees, selected' from the City's Street Tree' List, a maximum offorty feet (40) apart and at least twenty-four-inch (24") box in size. c. Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). d. Any transformers and mechanical orelect'rical eqUipment shan be 'indicated on landscape plan and screened as part of the landscapin~ plan. . '. . " " e. The landscape plan shall provide.for ground cover, shrubs, and trees and meet ail 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. f. . All landscape improvements shall be bonded 100% 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 with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. ; u AGENDA ITEM NO. \ I ~. PAGE r;).:l OF3.L (' . Page Twenty-Three - City Council Minutes -December 14, 2004 g. 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. h. Final landscape plan must be consistent with approved site plan. i. Final landscape plans to include planting and irrigation details. PRIOR TO ISSUANCE OF A BUILDING PERMIT 1. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. . 2. Prior to issuance of building pennits, applicant shall provide assurance that all required fees (' to the Lake Elsinore Unified School District have been paid. 3. Prior to issuance of building pennits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 4. Prior to issuance of buildingpennits, applicant shill pay park-in-lieu fee in effect at time of building pennit issuance. ENGINEERING 5. The applicant shall dedicate full width right-of-way for the project frontage of Riverside Street. Right of way width dedication shall be 88-feet with an additional 12-foot easement dedication for roadway purposes. 6. The applicant shall construct full width street improvements along the project frontage for Riverside Street. Roadway section shall measure seventy-four (74) feet from curb face to curb face. Street improvements shall include sidewalk and landscaping as required for the Ramsgate Specific Plan. The existing curb improvements shall be cut and a new drive approach shall be constructed for the three existing lots to remain. 7. The applicant shall provide a 3D-foot wide paved access from A-street to the property located westerly of lots 7 through 16. Construct a City standard commercial driveway adjacent to A-street as the entrance to the access road. (' AQENDA ITEM NO. \. ~. PAGEnOF~ Page Twenty-Four - City Council Minutes ...; December 14,2004 u 8. The applicant shall construct a toe drain, along the westerly property line and provide an outlet into the internal stonn drain system as a means of conveying .the stonn water. 9. The applicant shall provide documentation confinning Riverside County's acceptance of the proposed eighty-eight foot (88') road way width. 10. If this tract develops before Tract 25476, Riverside Drive shall be constructed from State Route 74 to the intersection of 'B' Street and Riverside Drive. Construction shall be completed prior to issuance of the 1 st certificate of occupancy. 11. If this tract develops before Tract 25476, the traffic signal at the intersection of SR 74 and Riverside Drive shall be constructed befor!, the 55th certificate of occupancy. 12. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the CitY's agreement with the Elsinore Valley Municipal Water District. , 13. The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34, U Resolution 85-26). . . 14. The applicant shall submit a i'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 issuance of building perinit. . 15. The applicant shall construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to issuance of building perinit. 16. 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). 17. The applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to issuance of Building Permit. ' . 18. The applicant shall pay.all fees and meet requirements of encroachment perinit issued by the Engineering Division for ~onstruction of public works improvements (LEMC 12.08 and Resolution 83-78). 19. All compaction reports, grade certifications, monument certifications (with tie notes u AGENDA ITEM NO. _l ,b . PAGE.6:l0F~ ("'\ Page Twenty-Five - City Council Minutes - December 14, 2004 delineated on 8 Yz" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 20. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. . 21. The applicant shall make arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 22. The applicant shall provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 23. The applicant shall install blue reflective pavement markers in the street at all fire hydrant locations within the improvement area. 24. All utilities except electrical over 12 kv shall be placed underground, as approved by the ("'\ serving utility unless otherwise approved by the City Engineer. 25. The applicant shall apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 26. The applicant shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with reconimendations. 27. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site or provide documentation from a Professional Geologist or Geotechnical Engineer that this is not required. 28. 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. . (\ 29. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of import or export material in excess of 2,000 cubic yards. Such routes shall be subject to the review and approval of the City Engineer. . AQENOA ITEM NO. \. ~ . . PAGE). '\OF 3: q Page 1\venty-Six - City Council Minutes -"December 14, 2004 u 30. The applicant shall provide a photographic baseline record Of the condition'of all proposed public City haul roads to the City. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the City Engineer. 31. 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". ,. 32. . 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. 33. The applicant shall meet all requirements of LEMC 15.64 regarding flood hazard regulations. 34. The applicant shall meet all requirements ofLEMC 15.68 regarding floodplain management. u 35. The applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to' approval of the rough grade plans. Applicant shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 36. Storm drain iulet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 37. Roof drains shall not be allowed to connect directly through cuts in the street curb. Roof drains should drain to a landscaped area when 'ever feasible. 38. 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 is exceeded, drainage facilities should be installed. 39. The applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 40. The 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 the development including maintenance responsibilities. u AGENDA ITEM NO. \. h PAGE 2~OF~ (\ Page Twenty-Seven - City Councii Minutes - December 14, 2004 41. The applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading 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 the development and including maintenance responsibilities. 42. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other 'environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainag~ Area Management Plan., 43. The applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollurants from parking areas and driveway aisles. (\ 44. Intersection site disrance shall me,et the design criteria ,of the CALTRANS Design Manual (particular attention should be t:i1ken for intersections on the inside of curves). If site disrance can be obstructed, a. special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 45. In accordance with the City's Franchise Agreement 'for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste . material, debris, vegeration and other rubbish generated dW:ing cleaning, demolition, clear ,:,nd grubbing or all other phases of construction. DIRECTOR OF ADMINISTRATIVE SERVICES 46. Prior to the issuance of the first building permit, the applicant shall annex into Community Facilities District 2003-01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 47. Prior to the issuance of the first building permit, the applicant shall annex into the City- Wide Lighting and Landscape Maintenance District (LLMD) No.1, to offset the annual negative fiscal impacts of the project on public-of-way landscaped areas to be maintained by the City and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Sou~em California Edison. COMMUNITY SERVICES DEPARTMENT (\ 48. The applicant shall pay park fees of $1,600 per unit. AGENDA ITEM NO.) ,b- PAGE_d- 7 OF 39 Page Twenty-Eight - City Council Minutes - December 14,2004 u 49. The Home Owner's Association (HOA) shall maintain all lettered lots including Lot "c." . . 50. TheHOA shall maintain all natural and manufactured slopes. 51. The HOA shall maintain all perimeter landscaping. 52. The HOA shall maintain all flood control devices and structures including retention basins. 53. The applicant shall contract with CR&R for all construction debris' removal as per City Ordinance. . . "'.> . 54. The applicant shall provide the City :with a digital inventory of all street signs, street markings, street trees and square footage of all streets in brmat approved by City. . , RIVERSIDE COUNTY FIRE DEPARTMENT 55. The applicant shall' comply with the Conditions of Approval (See Attached) of the Riverside County Fire Departnient. Fire protection measures shall be provided in accordance with U Riverside County ordinaiices' and/or recognized fire protectio~ standards. - MULTI-SPECIES HABITAT CONSERVATION PLAN ,;'. 56. The applicant shall convey, upon approval of the Riverside Conservation Authority (RCA), a conservation , easement or fie titk for 'the 'portion of Vesting Tentative Tract Map 32503 '(.2 acres) identified as the "Remainder Parcel" to the Riverside ConsCrvation:A.uthority (RCA)prior to the iSS1lance of the grading permit. Added per the Planning Commission December 7, 2004. 57. A pre-constrnction sUTVry will be required prior to the issuance of a Grading Permit to confirm the absence of burrowing owls as required by the Multi.Species Habitat Conservation Pia'!. Added per the Planning Commission December 7, 2004. . / . Mayor Buckley closed the public he~ing at 7:30 p.m. BUSINESS ITEMS -, 31. Second Reading ~ Ordinance No.' 1133 - Change In Election Date and Extension of Terms. Councilman Schiffner commented that he was still opposed to this change U AQENOA ITEM NO. \ lb. PAGE 'l g- OF~ (\ (\ (\ Page Twenty-Nine - City Council Minutes - December 14, 2004 and wDuld be vDting no.. MaYDr Pro Tern Kelley nDted her DPPDsitiDn to. this item fDr the recDrd. . . MOVED BY HICKMAN, SECONDED BY MAGEE TO ADOPT ORDINANCE NO. 1133, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1133 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 2.08.025 OF THE LAKE ELSINORE MUNICIPAL CODE CHANGING THE DATE OF THE CITY'S GENERAL MUNICIPAL ELECTION AND ADDING SECTION 2.08.026 PROVIDING FOR THE EXTENSION OF TERMS. . - UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, MAGEE, . BUCKLEY ..,' , ' KELLEY, SCHIFFNER NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE '". ,.". .' . '.. ^ ' . 32. First Reading - OrdInance No.. 1135 ~ Amending Chapter 8.32 Df the LEMC regarding Weed and Rubbish abatement. CDuncilman Hickman nDted that,there hl;ld been a change with regard to' the _ 45 degree parcels.. _ MOVED BY SCHIFFNER, SECONDED BY MAGEE TO ADOPT ORDINAN.CE NO. 113S;UPON FIRST READING BY TITLE ONLY: AQENDA ITEM NO.J .6. PAGE 6l.-q OF ~ Page Thirty - City Council Minutes"':' December 14, 2004 u ORDINANCE NO. 1135 ; AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING WEED AND RUBBISH ABATEMENT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY COUNCILMEMBERS: .<' , NOES: NONE' . U ABSENT: COUNCILMEMBERS: ' NONE ABSTAIN: COUNCILMEMBERS: .. . NONE 33. Contract Award - General Plan Update - Moonev-Jones & Stokes - Not to exceed $825.000 with a contingency of $47.544 or 6.1 percent. . Community Development Director Brady explained tHat this item was for the selection of the consultant to update the General Pl~ which was last updated in 1990. He 'further explained that the General Plan is a master , plan or road map for the City, as the Council would like to see it fifteen years out. He indicated that it was a very importaJi.t document for development, with a number of elements required by State law; . He explained that as part of the process, due to the unique nature of the City, o there were also several elements being considered for inclusiorl that were not required, such as the Lake Element, Economic Development Element, and Drainage Element. He advised that City staff prepared an RFP, which went to twenty-thfee consultant firms; and six proposals were presented. He indicated that of those four were found to be appropriate arid continued U AQENDA ITEM NO. t I b 0 PAGE 3 0 OF 3 9 .. (\ Page Thirty-One - City Council Minutes - December 14, 2004 in the interview process by staff and Councilman Schiffner. He advised that all four firms were well qualified, but the recommendation was for Mooney-Jones & Stokes, due to their approach. He detailed the recommendations and the funding required. He advised that Brian Mooney, representing the firm, was present at this meeting to respond to questions. (\ Jeannie Corral,l8014 Heidi Lisa, noted that in consideration of this agreement, asa member of the School Board, she would suggest getting together with the School Board. She indicated that generally with General Plan approvals and updates, the School District gets left out in the cold. She noted the rapid growth and indicated that assimilation ofland; specific ; services and buildable land are at a premium. She commented that the calculation of future classes is based on specific. numbers and large developments significantly impact the school system. She suggested setting up a time to consider the issues with the School District. She noted the death of Lilah Knight and indicated that she was someone very important to the community. She also commented on the Elsinore Valley CAP parade arid commended the volunteer effort. She noted that over 4,000 students participated in more than 100 entries. Councilman Schiffner commented that he attended the interviews; and while the choice of the company was done by the Planning staff, he agreed with the decision. He commented to Mrs. Corral that Community Development would take advantage of any input, even though the City had no input into where schools were placed. Mayor Pro Tern Kelley noted that she was not part of the selection process and invited Mr, Mooney to the podium. She requested a general overview of the process, with an emphasis pn the inclusion of other public entities. (\ Mr. Mooney commented that the cornerstone of their practice is the public participation portion of the process; and stressed the importance of feedback. He explained that the citizenry should provide a guide as to AGeNDA ITEM NO. I. 6 . PAGE.2..L OF '3 ~ I Page Thirty-Two"':' City Council Minutes- December 14, 2004 u where the community wants to go. He indicated that the second part ofthe process is extensive technical analysis. He noted the unique nature of the community, due to the Lake; and explained that biological resources were a key factor in southern California. He indicated that the third focus would be the use of technology, as GIS would allow a wider range of projections. He clarified that the plan would not be created until all of those components were completed. He commented that another aspect of his firm was the use of historical information and noted that the 1990 update included the influx of population on the weekends. He advised that the 'entire process would take about 18 months, and noted that he would be present in the community. Mayor Pro Tern Kelley inquired if Mr. Mooney would be meeting with the , Council. Mr: Mooney indicated that he would start by meeting with staff, but they might decide to do a series of workshops with the Council or some sort ofan advisory group.' " I Councilman Magee commented that he was prepared to support this action, but stressed the importance of working within the budget and within the 18 month target Mr. Mooney indicated that they had a good record of staying on budget. ' ' ' , ' .:. " u Councilman Schiffner noted that this consultant had suggested a little different approach. Mr. Mooney noted a project in Citrus Heights, which was a simplified general'plan: He noted the voluminous documents of the ,1980's and suggested the creation of more user friendly documents, which were condensed into more meaningful documents. He suggested that it would end up with a useable 75 to 100 pages of general plan with clear and concise elements. Mayor Buckley noted that he did some checking with other cities'and this firm came in under budget. He concurred that timing was vetyimportant and stressed that public involvement was key to this process. '" MOVED BY KELLEY, SECONDED BYMAGEE AND CARRIED BY UNANIMOUS VOTE TO SELECT MOONEY.JONES & STOKES AS THE U AGENDA ITEM NO. \. b . PAGE.l20F 3 C)J (' Page Thirty- Three- City Council Minutes - December 14, 2004 CONSULTANT TEAM ,TO UPDATE THE CITY'S GENERAL PLAN; , AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT AND AlJTHORIZE AN AMOUNT NOT TO EXCEED $825,000, WHICH WILL PROVIDE A CONTINGENCY OF $47,544 OR.6.1 PERCENT TO . FUND THE PROJECT. 34. Annual Adiustment of Transportation Uniform Mitigation Fee (TUMF), '1."" This item was pulled from the agenda for further noticing. 35. Public Safetv Advisory Commission Status Report. .. (\ Public Safety Advisory Commission Chairman Uhlry noted that the Commission was formed and authorized in July, 2004, and advised that they had held five official meetings. He noted the report presented and highlighted the key topics including the Lake Safety Assessment and Citizens Action Patrol. He indicated that one of his primary goals as Chairman was to educate the Commission, and his chairmanship was ending December 3 1st. .He commented that it had been a very rewarding experience and the Commission was a good group to work with. He. commended Commissioner Hewison on his preparation of the report for . presentation to the. City CoucniL He noted that they also reviewed the Neigh~orhood Safety Programs, NET Program, Crime Free Multi-Housing Program and Neighborhood Watch Program. He commented that the Gang Team was one of the most active and knowledgeable; frequently being called as expert witnesses for other cities, due to their expertise. He noted that they had also worked with the Fire Department and Code Enforcement; and commented that it had been a very exciting six months. He noted that there was a need to look at the Ordinance that established the Commission, as the tefllls of office would appear to be ending, rather than the chairmanship and vice-chairmanship. Mayor Buckley thanked the . Commission for their work to date. (\ 36.. Meeting of December 28. 2004. AQENDA ITEM NO. J ' b ' PAGEJ.J.. OF :3 ~ Page Thirty-Four - City Council Minutes - December 14; 2004 u Mayor Buckley noted that there was a need to hold the meeting of December 28th. City Manager Watenpaugh confirmed that there were a number of items for consideration at that meeting including the Public Safety Advisory Commission. 37. Reorganization of City Council. ...., : , Mayor Buckley noted the process for selection of a new Mayor. Mayor Buckley nominated Councilman Hickman for Mayoe Councilman Hickman declined the nomination. Councilman Hickman nominated Councilman Magee for Mayoe Mayor Buckley seconded the nomination. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO CLOSE THE NOMINATIONS FOR MAYOR. u COUNCILMAN MAGEE WAS SELECTED AS MAYOR BY THE FOLLOWING ROLL CALL VOTE: ," COUNCILMAN HICKMAN VOTED FOR COUNCILMAN MAGEE. COUNCILWOMAN KELLEY VOTED FOR COUNCILMAN MAGEE. COUNCILMAN MAGEE VOTED FOR COUNCILMAN MAGEE. COUNCILMAN SCHIFFNER VOTED FOR COUNCILMAN MAGEE. MAYOR BUCKLEY VOTED FOR COUNCILMAN MAGEE." COUNCILMAN MAGEE ACCEPTED THE SEAT OF~ MAYOR. Mayor Pro Tem Kelley recognized MayorBuckley for his year"of service as Mayor; and stressed the huge responsibility of this role. She indicated that U he had done a good job over the past year and commended his commitment" AQENDA ITEM NO. \ 110 . PAGEJ.:1. OF.-3.i. n Page Thirty-Five - City Council Minutes - December 14, 2004 and effort. She presented him with a gavel plaque commemorating his service. City Manager Watenpaugh noted that there would be cake and punch following the meeting. Mayor Magee noted the process for selection of Mayor Pro Tern. Mayor Magee nominated Councilman Schiffner for Mayor Pro Tern. Councilwoman Kelley seconded the nomination. Councilman Hickman nominated Councilman Buckley for Mayor Pro Tern. Councilman Buckley declined the nomination. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO CLOSE NOMINATIONS AND DECLARE n COUNCILMAN SCHIFFNER, MAYOR PRO TEM. ITEMS PULLED FROM THE CONSENT CALENDAR 8. Acceptance of $3 million Boat Launch Facility Grant Dan Uhlry addressed this item noting there were some very definitive recommendations on the item. He indicated that his primary concern was the safety hazard of the boat launch area. He stressed the need to correct the hazard first. He noted that two alternatives were below.the projected cost, the third was right on and the fourth was over, but not by a lot. He indicated that it was all a question of excavation and fill dirt. He suggested accepting the grant to get the project rolling; and bringing it back to the Public Safety Advisory Commission to look at criteria and appropriate alternatives. He suggested a combination of alternatives 2 and 3. MOVED BY BUCKLEY, SECONDED BY KELLEY TO ACCEPT THE $3 MILLION GRANT AWARD AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT WITH THE STATE OF CALIFORNIA'S n DEPARTMENT OF BOATING AND WATERWAYS AND SEND THE AGENDA ITEM NO. 'I b. PAGEh ;rq-; Page Thirty-Six -City Council Minutes - December 14, 2004 u MATTER TO THE PUBLIC SAFETY ADVISORY COMMISSION: ., Mayor Pro Tern Schiffner commented thatthis item was for consideration of accepting the money and it would come back for further direction. , , mE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:10 P.M. mE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 8:19 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Edith Stafford, 29700 Hursh, congratulated Mayor Magee on his selection. She indicated that she had nothing to speak on until the Stadium was discussed. She suggested putting the Stadium up for sale for $20 million; and in the meantime, hire a promoter to promote functions. She suggested that a lot of money could be made if promotions were done in an appropriate manner. u CITY MANAGER COMMENTS . City Manager Watenpaugh commented on the following: 1) Thanked the B.V. Cap and Unity in the Community for the donation to the Community Center. 2) Congratulated the new Mayor and Officers. CITY ATTORNEY COMMENTS No Comments. J,~. AQEN01. ITEM NO. PAGE~ OFJ.i- u ('. ('. (\ Page Thirty-Seven - City Council Minutes - December 14, 2004 COMMITTEE REPORTS No Reports. CITY TREASURER COMMENTS City Treasurer Weber congratulated Mayor Magee. CITY COUNCIL COMMENTS Mayor Pro Tern Schiffuer commented on the following: 1) Congratulated Mayor Magee. - , . '. 2) Commented th~the opposed an action-tonight, on losing the City . Manager. _lJe indicat~d that he voted for the package for his retirement, as he had earned it, ifhe would not continue to be here. Councilman Hickman commented on the following: 1) Offered kudos to Mayor Magee. 2) Thanked the Elks Club for Christmas Tree Lane, and noted that it earned over $15,000 for scholarships. 3) Thanked Elsinore First Assembly for their play. 4) Thanked the community for the donations for the kids, as well as the Hewisons and HOPE. 5). Thanked Calvary Chapel for the pre-Christmas Dinner. 6) Thanked Councilman Buckley for his study session with area ministers and indicated it was an excellent start. AQENDA ITEM NO. J \ b . . PAGE 3 7 OF 3 q Page Thirty-Eight - City Council Minutes..J December 14, 2004 u 7) Thanked KB Homes for their donation for furniture to the Historical Society. 8) Noted that there was still time to sponsor a family for Christmas and suggested interested parties call Beverly at HOPE. 9) Wished everyone Happy Holidays. Councilwoman Kelley commented on the following:. . I) Congratulated Mayor Magee, and wished him luck. 2) Addressed City Manager Watenpaugh and indicated that it had been a pleasure to work with him for the last eight years, and noted his professionalism; She commented that it had always been a pleasure U' to serve with him, and noted that there would be a loss of a large knowledge base. She indicated that his leadership had brought the City a long way. She also noted that she would miss his friendship and was sorry to see. him go. . Councilman Buckley commented on the following: '. ': (', I) . Thanked everyone for attending the social' service volunteer meeting. " 2) 3) Thanked Little League for his jacket. Reminded the community that they could apply for the Planning , Commission until Friday. . 4) Thanked everyone for the opportunity to serve as Mayor. He noted that it had been tough and fun, and a great many hours.' He indicated that there was open debate, open access and open minds. He reiterated his thanks for the honor of being Mayor. AQENDA ITEM NO.. .1.6. PAGE 33" OF 3 cr U n Page Thirty-Nine - City Council Minutes - December 14, 2004 Mayor Magee commented on the following: 1) Announced the Tiny Tot Program on December 17th at the Cultural Center; and the December 19th Gift Expo at the Diamond Stadium. 2) Commented on City Manager Watenpaugh, indicating that he respects and supports the decision. He commented that it had been a pleasure to work with him and he looked forward to the transition. 3) Noted the December 16th Study Session at 4:30 p.m. regarding the Animal Shelter Study Session. 4) Thanked his colleagues for his selection as Mayor and noted the awesome responsibility. He indicated that he was humbled, flattered n and honored by the selection. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:28 P.M. ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST: VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE n AQENDA ITEM NO. PAGEfl OF 1,6. 39 ' " ., u , ., -' u u n . MINUTES , . CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE .... 183. NORm MAIN STREET . LAKE ELSINORE, CALIFORNIA .: ' TUESDAY, DECEMBER 16, 2004 ************************************************************* CALL TO ORDER Mayor Magee called the City Council Study Session to order at 5:00 p.m. ROLL CALL. PRESENT: .' ',.' .l. COUNCILMEMBERS: BUCKLEY, HICKMAN; . KELLEY, SCHIFFNER . I' . MAGEE ABSENT: (\ j '1,.' . COUNCILMEMBERS: NONE (\ Also present were: City ManagerWatenpaugh, Assistant City Manager Best, Assistant City Attorney Mann, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, and Deputy City Clerk Ray. PLEDGE OF ALLEGIANCE . . . . '. . . . . . The Pledge of Aliegiance led byCommunityService~ Director Sapp. PUBLIC COMMENTS None. . DISCUSSION ITEMS Animal Friends of the Valley Animal Shelter. AQENDA ITEM NO. \ 0 c. . PAGEL OF 't PAGE TWO STUDY SESSION MINUTES- DECEMBER 16, 2004 u Mayor Magee deferred to City Manager Watenpaugh._:City Manager Watenpaugh indicated that Community Services Director Sapp had been attending meeting with Animal Friends of the Valley. He further indicated that they had been working on the item for four years. He deferred to Mr. Sapp. " " Community Services Director Sapp indicated that staff had been working with the County of Riverside, Murrieta, Temecula, and Canyon Lake to form the agreement before Council for consideration. He indicated that in no way by approving the formation of the JP A, was the City going to obligate itself to any kind of financial commitment. The request was for the approval tojoin the JP A and identify a representative from the City "to be a member of the board for the Joint Powers Authority; and also to appoint an alternate to the JP A. Community Services Director Sapp continued to give an overview of the staff report mainly focusing on the Executive Summary. He indicated that Exhibit B included a debt schedule. He indicated that Exhibit C included the percentage amount each City would be paying. He noted that the JPA Board would be made upofa Council person and a U County Supervisor from each City. He indicated that the intent was to form a 30,000 square foot facility which was at an estiinated cost of $9 million. Mayor Magee opened the floor to the public. Herman DeJong, representative of DeJong's Dairy, indicated that he had been following this issue since 1998. He further indicated that when he had heard it was an indoor kennel he was concerned about cost. He question~d the storage of large animals such as horses. He questioned the cost at $9 million. He indicated that " gas rates were up along with electricity and it would cost a lot of money to keep this kennel operational. He indicated that there were homeless people and children of the night. He indicated that he was in support of an animal shelter, but the price was too high. He hoped Council would reconsider the idea and research a possible outdoor kennel. Councilwoman Kelley requested that Administrative Services Director Pressey guide Council through the total cost, percent increase, and the bottom line cost. Mr. Pressey referred to Exhibit B, page 1; he indicated that the gross proceeds of the bond would be $11,150, 000. He indicated that the biggest cost would be the U" capitalized interest of$I,003,500. He noted that it was a 30 year bond. He AQENOA ITEM NO. \ . e. . , PAGE {). OF <6 r.lAGE THREE STUDY SESSION MINUTES - DECEMBER 16, 2004 n . indicated that the annual debt service for Lake Elsinore was $237,214 assuming that all the percentages stayed the same; which he understood to vary yearly based. on the number of animal licenses. He noted that the administration fee of $5,000 might be higher. He indicated that the annual cost for Lake Elsinore would be $523,740 over a 30 year period for an estimated $16 million. Councilwoman Kelley commented that this was the starting point. Administrative Services Director .pressey indicated that annual operations could potentially increase, just based on inflation. Community Services Director Sapp indicated that the animal shelter was currently receiving $94,992 annually from the City. He indicated that the current "Animal Received" percentage rate was 28%; and hopefully the percentage would decrease each year based on the number of animals sheltered. He reiterated that the percentage would be revisited each year. He indicated that the City had 60 days to terminate without any financial responsibility. Councilwoman Kelley indicated that the City was being asked to pay a huge increase over what was currently being paid. She deferred to Administrative Services DirectorPressey for his professional opinion. Administrative Director Pressey indicated that he was concerned with the impact on other services. He indicated that there were Fire Stations that needed to come on line which were included in the City's 10 year projection; and holding all other services to an equal level it was a struggle to match. He indicated that the revenue was expected to grow and at some point the City would be able to handle it, but an overview ofthe next four years it would impact the other services with the amount of growth expected in Lake Elsinore. He further indicated that the increase was significant, about 366%, and the City did cut this year to balance the budget and get on track. He advised that Council should wait four years and then revisit the item. He indicated that there would be an increase in revenue growth. He indicated that the housing market was strong. . Mr. Pressey indicated that the DIF f~e was an important part offunding, but that would depend on the development community. Councilwoman Kelley inquired if those fees were passed onto the homeowner. Mr. Pressey indicated that it was passed on in the cost of the house, in theory. Councilwoman Kelley inquired when the construction would start. Ms. Anderson indicated that, if possible, July, 2005. Councilwoman Kelley questioned if a City architect had reviewed the plan. . Ms; Anderson indicated that she did not think the ('1 City's architect or anybody from the County had reviewed them. Councilwoman AGENDA ITEM NO.J .Q... PAGE 3 OF <6' PAGE FOUR STUDY SESSION MINUTES - DECEMBER 16, 2004 u Kelley requested clarification that there had not been a difference on 'opinion of the total cost. Ms. Anderson clanfied there had not. Ms. Anderson noted that the cost' of$9 million was from January, 2003. '.' ',I , Councilwoman Kelley deferred to Assistant City Attorney Mann in regards to the ' withdrawal from the JP A. 'Assistant City Attorney Mann indicated that there was a ' provision that allowed the City to withdraw on 60 days notice without penalty so long as no debt had been authorized. ' -', .,.' ' Councilman Hickman requested clarification that it was $523,000 that would be coming from the General Fund. Administrative Services Director Pressey clarified. Councilman Hickman inquired about the cost to operate the current facility. Ms. Anderson indicated that it was $1.1 million: Co\mcilman Hickman ' inquired if the cost of construction could be reduced. Councilman Buckley indicated that it was going to be expensive. He indicated that animal shelters were important and necessary, He indicated that every new house brings 3.5 new people to Lake Elsinore along with L5 new pets. He indicated that ,," a large percentage of those would just go running aroUnd and turri into feral pets; , Councilman Buckley suggested adding an Animal Rescue Fund (ARF) Fee. He indicated that the average brand. new house in Lake Elsinore was $400,000, I and ' , . , I/2 of 1% of that was $200. He indicated that $200 was not going tokllockanyone out of a mortgage. He indicated that it was an appropriate infrastriicture expense within reason for the government. He suggested joining the JPA and asking all the members of the JPA to support ail ARF fee. u Mayor Pro Tern Schiffner questioned the 28% for Lake Elsinore. Anne Washington, Executive Director, Animal Friends of the Valley, indicated that being an older City there was a tremendous problem in Lake Elsinore and had been for years. She indicated that when she started doing rescue work there 'were feral cats all over Lake Elsinore. She indicated that they were in the walls ofbuildings. She indicated that in 1997 the shelter took in 611 stray cats; in 1998 and 1999 the count dropped. She indicated that in 1999 the Council told'the shelter to stop canvassing. She indicated that the number started to increase again; and the shelter started canvassing again in 2002. She indicated that there might be a reduction in ' u AQENOA ITEM NO. \, C. PAGE Y OF ct ('\ PAGE FIVE STUDY SESSION MINUTES - DECEMBER 16, 2004 numbers for 2004. Mayor Pro Te~ Schiffuer, questioned what the City was failing: to do if it was required in Lake Elsinore to have dogs and cats licensed and other " Cities did not: Mrs. Washingtonilldicated,that she had done rescue work in Orange County and Los Angeles County; and fi:om her experience you must stop the problem before it happens, and ifnot it then becomes an uphill battle. She ' indicated that there ,was no rescue operation'in Lake Elsinore in the past; and Murrieta and Temecula growth took place later, and by that time Animal Friends of the Valley was founded. ,MayorPro Tern Schiffuer indicated that half or, greater than !;lalf of the p,opulation in Lake Elsinore was Ijving in new homes and new subdivisions. He indicated that it was not the greater percentage of the ' residents living in old conditions. He indicated that he was not questioning that the , Animal Friends of the Valley were misrepresenting the information to the Council, but he felt with their experience he was hoping (or agood explanation as to why. this was happening and what the City could do to stop it. Mrs. Washington indicated that she had done rescue work in TemeculaandMurrieta since 1976, and there was always more ,of a problem in Lake, Elsinore and Perris. . .' " (\ Councilman Buckley indicated that the City of Lake Elsinore had the most owner turn-ins. He indicated that the ARF fee would be a fee on new development. He indicated that it was a valid public infrastructure and it was also public health and safety. ' Mayor Pro Tern Schiffuer indicated thll;t the' otl;1er cities involved we~e almost built out; and Lake Elsinore would be the only City with new houses. He indicated that Lake Elsinore would receive a disproportionate amount of the cost. Councilman Buckley indicated that it would ,depend on the way it was formed. . . .J Mayor M~gee inquired when Lake ~lsinore'sfinancial obligation to the General Fund budget would begin. , ,. Dean Deines, Riversid~ Gounty, indicated that tI;1ere would be an 18 month construction period at which time the capitalized interest w01lldclmy all of the debt services and 6 months after that, so it would be 2 years from start of construction until the debt service portion had to be paid. The operational portion would commence as soon as the facility was occupied. Mayor Magee inquired ifit . (\ AGENDA ITEM NO.-LL PAGE ;;; OF g' PAGE SIX STUDY SESSION MINUTES - DECEMBER 16, 2004 u was the 2007/2008 budget that would be financially 6bligated. Mr. Deines confirmed it would be for the debt service repayment. Mayor Magee referred to the comments by Administrative Services Director Pressey regarding the difficulty of funding the shelter over the next four years. He iridicated that Mr. 'Pressey had tried to do everything he could, but what he had heard was a reduction in service level and that conc'erned him. Mayor Magee indicated, that Lake Elsinore needed to find a way to generate more revenue for the project. ~ He indicated that the City had a balanced budget and had increased Fire, Police and Paramedic services in ' Lake Elsinore. .He inquired if it was possible to fmd a way to work together to pay for it in the first meeting. Mrs. Anderson confirmed it could be done in the first meeting. ' .' :" ,'-t Councilwoman' Kelley commented that she did not have 'a problem with joining the JPA, but she did have a deep reservation about taking on a debt of this magnitude' for the City at this point and time.' She indicated that she was concerned about adding to the fees that were already being added and being passed on to the U' homeowners. She indicated that the fees were driving the cost of homes through the roof. She commented that she had huge reservations when it started impacting public safety. ' ,', , , ' . ;.' " Councilman Buckley commented that it was not Lake Elsinore's concern, how the County and the other cities were going to pay their share. He requested clarification if it took a majority vote toauthoriz~ the debt. Mr. Deines clarified it did. Mayor Pro Tern Schiffner cOrnnlented that the Council 'could move ahead reasonably and have until the middle of next year. He indicated there could be a lot learned by the drop dead time. MayorMagee indicated it was better to be part of the process rather than on the outside looking in.' 'j , City Manager Watenpaugh commented that once the debt was'incurred it was a 12' month notice, not three months. 'c" '~ n' Councilwoman Kelley suggested a report from: staffon the options including input from Adininistrative Services Director Pressey. . . . '. I ' u AQENOA ITEM NO. \ . c...- PAGF Co OF '6 ('""\ PAGE SEVEN STUDY SESSION MINUTES- DECEMBER 16; 2004 Mayor Pro Tern Schiffuer indicated that he believed if the City dropped out the whole thing would fold, but at this time he would be in favor of moving ahead, watching the conditions and monitoring the approach of the drop dead time. Councilman Hickman commented that he was not going for the $9 million price tag. He suggested they go back and conduct some cost analysis. He indicated that there were over 60 homes for sale in his area and the new builders were offering 5% to all sales agents. He indicated that the mortgage rates were going to go up; and mortgages were being purchased on interest only with nothing on equity. He indicated that he could be using the $523,000 to put roads in and increase public safety. ('""\ Mayor Magee indicated that the shelter was being run by mostly volunteers and they made the decision not to continue with an independent cost analysis. He indicated that they were donating their time and services, and they needed some assurance that the County and the cities were interested before they incurred any more cost. He indicated that this had been going on for quite some time. He indicated that they had put their best foot forward. He commented that he was in Lake Elsinore in the late 80's when the City Council stepped away from animal control and the LEAF organization stepped in. He noted they had done an admirable job and had grown, and had taken on more territory. He indicated that he did not want to go back to the late 80's. He further commented that from 2001 to the present time the Grand Jury has written 3 different reports on various animal control facilities, none of which were flattering, but none involved LEAF and he was proud to be their liaison. Mayor Magee indicated that the item needed to be referred to the next Council meeting, which was scheduled for December 28th. . Councilman Buckley inquired if there could be a true cost estimate at the first JP A meeting. Community Services Director Sapp indicated that the plans needed to be completed. Mayor Magee inquired if the County had announced who their representative would be. Ms. Anderson indicated that it was Supervisor Buster, with Supervisor Stone as the alternate. (\ AGENDA ITEM NO. \. C ' PAGE.:::t- OF <6- PAGE EIGHT STUDY SESSION MINUTES - DECEMBER 16, 2004 ADJOURNMENT THE CITY COUNCIL STUDY SESSION WAS ADJOURNED AT 6:10 P.M. ROBERTE.MAGEE,MAYOR CITY OF LAKE ELSINORE Respectfully submitted, FREDERICK RAY, DEPUTY CITY CLERK ATTEST: VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE AGENDA ITEM NO. I ' C' PAGE <r o--;:cg- u u " u (1 (\ (\ . MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183. NORTH MAIN STREET LAKE ELSINORE, CA 92530 TuESDAY, DECEMBER 21, 2004 CALL TO ORDER: Chairman LaPere called the Regular Planning Commission Meeting to order at 6:05 PM. Vice Chairman O'Neal led the Pledge of Allegiance. ROLLCALL PRESENT: COMMISSIONERS: LAPERE, LARIMER, O'NEAL, RYAN ABSENT: COMMISSIONERS: UHLRY Also present were: Director of Community Development Brady, Engineering Manager Seumalo, Associate Planner Miller and Rental Housing Clerk Alexen. ' . PUBUC COMMENTS NONE CONSENT CALENDAR 1. Minutes a. November 16, 2004 - Regular Planning Commission Meeting Minutes. Commissioner Larimer requested that the last sentence on page 3 of 11 be stricken from the record. 2. Minor Design Review of a Single Family Residence located at 16527 Arnold Avenue. . MOVED BY LARIMER, SECONDED BY RYAN AND PASSED BY A VOTE OF 4-0 TO APPROVE THE CONSENT CALENDAR TO INCLUDE THE CORRECTION TO THE MINUTES. Chairman LaPere invited the applicant to the podium for comments. .. ~. AGENDA ~TEM NO. ~. PAGE..L OF 3 ... PAGE 2 - PLANNING COMMISSION MINUTES - December 21, 2004 u Oscar Jimenez, 16533 Kelwood St., La Puente, Ca , requested app~oval of the project. Chairman LaPere confirmed approval .of the project and provided a brief explanation of the approval process to the applicant. He thanked the applicant for the project and stated his support. INFORMATIONAL NONE. STAFF COMMENTS Communi1;y" Development Director Brady · Congratulated Commissioner Ryan on his seat on the EVMWD Board; . Wished everyone Happy Holidays; " · Noted that 2004 was a busy year for the Planning Commission and that 165 Resolutions were passed; · Noted his appreciation to the Planning Commissioners for their efforts. PLANNING COMMISSIONER COMMENTS , L.. . Commissioner Ryan commented on the following: u · Stated that he enjoyed serving on the Planning Commission and that staff made his job easy with their hard work and effort; · Stated that he would miss the Planning Commissioners and meetings, but he would not be a stranger; · Stated that he enjoyed City politics. Commissioner Larimer commented on the following: · Stated that it was good working with Commissioner "Ryan and wished hhn good luck; . Wished everyone a Merry Christmas; · Asked Community Development Director Brady when the Sign Program Study Session would be. Community Development Director Brady indicated that it would be after a new Planning Commissioner was appointed by City Council. Commissioner O'Neal commented on the following: . Wished everyone a Happy Holiday; . u AliENDA ITEM NO. \ \ c\,. PAGE d.. OF ~ ~ ("\ ("\ n PAGE 3 - PLANNING COMMISSION MINUTES - December 21, 2004 . Stated that he was sorry to see Commissioner Ryan leave the Planning Commission; . Congratulated Commissioner Ryan on his seat on the EVMWD Board and noted that he had been a good contribution to the Planning Commission. Chairman LaPere commented on the followin~: . Noted that Commissioner Ryan's term on the Planning Commission had been brief but excellent; . Congratulated Commissioner Ryan on his seat on the EVMWD Board; . Wished everyone a Merry Christmas and Happy Holidays; . Noted staffs proficiency in the creation of 165 Resolutions in 2004; . Thanked staffs diligence and expertise and stated that he appreciates their efforts and he will never forget how much it means to the Planning Commission. Vice Chairman O'Neal wished Dana Porche' Happy Holidays. ADJOURNMENT THERE BEING NO FURTHER BUSINESS, CHAIRMAN LAPERE ADJOURNED THE MEETING AT 6:17 PM ON DECEMBER 21, 2004. Ron LaPere, Chairman Respectfully Submitted, Lisa C. Alexen Rental Housing Clerk ATTEST: Robert A. Brady, Secretary to the Planning Commission AQENDA ITEM NO. \, 0.. . """ PAGE J OF .2> " ,I u d. "'t.," u " u DECEMBER 15. 2004 (\ FUND# 100 101 102 . 105 110 130 150 201 ..205 221 606 608 620 CITY OF LAKE ELSINORE WARRANT SUMMARY FUND DESCRIPTION .' TOTAL GENERAL FUND SUPPLEMENTAL LAW ENFORCEMENT SERVICE FUND L.L.E.B.G. PROGRAM FUND MISCELLANEOUS GENERAL PROJECT FUND STATE.GASTAXFUND LIGHTING I LANDSCAPE MAINTENANCE FUND C.D.B.G. FUND STREET C.I.P. FUND TRAFFIC IMPACT FEE FUND PARK C.I.P. FUND MOBILE SOURCE AIR POLLUTION FUND . TRUST DEPOSITS & PRE-PAID EXPENSE FUND COST RECOVERY SYSTEM 1,387,500.48 . 50,000.00 11,209.32 55,492.27 65.00 30,462.94 65.00 10,000.00 208.20 18,388.50 . 71.60 2,322.00 19,883.41 GRAND TOTAL n (1 1,585,668.72 . J i,.~ , ",' ?~. ..t)" 12/2712004 P:IWARRANT-L1ST MASTERIWARRANT 121504 AGENDA ITEM NO. PAGE..l... OF DECEMBER 15, 2004 CHECK# 79927 80097 80098 80099 80100 - 80101 80102 80103 80104 80105 80106 80107 80108 80109 80110 80111 80112 80113 80114 80117 80118-80121 80122 80123 80124 80125 80126 80127 80128 80129 80130 80131 80132 80133 80134 80135 80136 80137 80138 80139 80140 80141 80142 80143 80144 80145 80146 80147 80148 80149 80150 CITY OF LAKE ELSINORE WARRANT IJST VENDOR NAME ELSINORE VALLEY YOUTH COURT L1UNA LOCAL 777 CALIFORNIA P.E.R.S. I.C.M.A.RETIREMENT TRUST, . _ ALTURA CREDIT UNION BANK OF AMERICA (0627) SOUTHERN CALIFORNIA EDISON CALIFORNIA P.E.R.S. CALIFORNIA P.E.R.s. VANBLARCOM, LEIBOLD, MCCLENDON & MANN FIRST AMERICAN TITLE COMPANY THE MARK FISHER COMPANY HARRAH'S RINCON CASINO & RESORT FORTIS BENEFITS THE L.I.U. OF N.A. STANDARD INSURANCE COMPANY STANDARD INSURANCE COMPANY STATE COMPENSATION INSURANCE FUND VISION SERVICE PLAN VOID A & A JANITORIAL SERVICE ALPINE PREMIUM WATER-NATHAN GARNER AMERICAN CLASSIC CATERING AMERICAN FORENSIC NURSES ERICA ANDERSEN ANIMAL FRIENDS OF THE VALLEY APPLE ONE EMPLOYMENT SERVICES ARTISAN GOLDSMITHS & AWARDS BANK OF AMERICA (0601) BANK OF AMERICA (0619) BANK OF AMERICA (0650) BANK OF AMERICA (0676) BANK OF AMERICA (0692) BANK OF AMERICA (6673) J. ALTON BARLEY CYNTHIA BLOOD-WILSON ROBERT BRADY BUNDY CANYON TURF SUPPLY C. R. & R. DISPOSAL, INC. CALIFORNIA MUNICIPAL STATISTICS, INC. CALIFORNIA SOCIETY OF MUNICIPAL FINANCE OFFICERS JOHN CARLSON CENTEX HOMES SO. CA. DIVISION ROBIN CHIPMAN CHMP, L.L.C. CMS BUSINESS FORMS, INC. CONOCOPHILLlPS FLEET KIRT A. COURY CUTTING EDGE STAFFING, INC. DANIELS TIRE SERVICE, INC. AMOUNf( \ 1,100.00 \..oV 528.00 30,313.10 3,589.56 1,325.00 614.56 10,000.00 63,480.46 3,070.29 36,335.19 190.00 1,340.50 100.00 6,024.45 2,159.10 2,119.75 360.99 21,671.99 1,174.45 0.00 7,301.39 302.00 1,293.00 359.45 367.50U 7,500.00 1,901.90 25.06 684.62 38.13 125.50 1,152.58 162.46 874.57 16.24 186.25 125.00 60.53 7,972.30 800.00 35.00 168.75 6,604.00 75.00 127.00 291.74 414.75 4,296.60 2,605.50 t. \ 145.93 \..J,I . AfiIENoA ITEM NO .z . 0.... , -", . PAGE ~ OF :5 12127/2004 P:\WARRANT LIST MASTER\WARRANT 121504 1 OF 4 DECEMBER 15. 2004 CITY OF LAKE ELSINORE W ARRANT'L!ST' CHECK# n0151 DANKA OFFICE IMAGING 80152 DAPEER, ROSENBIL T & LITVAK, L.L.P. 80153 DELL MARKETING L.P. 80154 DO IT CENTER 80155 CAROLE K. DONAHOE 80156 DOWNS COMMERCIAL FUELING. INC. 80157 DOWNTOWN IDEA EXCHANGE 80158 DOWNTOWN MERCHANTS ASSOCIATION 80159 DRIVER ALLlANT 80160-80161 E. V. M. W. D. 80162-80163 ELSINORE PIONEER LUMBER CO. 80164 ELSINORE VALLEY RENTALS 80165 ELSINORE VALLEY SELF STORAGE ,80166 EXCEL LANDSCAPE. INC. 80167 FEDERAL EXPRESS CORPORATION 80168 FILARSKY & WATT. L.L.P. 80169 FULLERTON RESTAURANT EQUIPMENT 80170 ' , FURNITURE LEISURE 80171 GRIME FIGHTERS 80172 ARLINE GULBRANSEN 80173 LORENA HANCOCK 80174, SANDY HANEY 80175 HDR ENGINEERING, INC. 80176 INLAND EMPIRE LOCK & KEY ( '1)177 ' JEFF HAUSER MOBILE WELDING ...0178 JOBS AVAILABLE. INC. 80179 ' VICKI LYNN KASAD 80180 , PAT KILROY 80181 L EMS A R 80182 LAKE AIR COMPANY- 80183 LAKE CHEVROLET 80184 LAKE ELSINORE TIRE & AUTO, INC. 80185 LAKELAND MARINE 80186 L1NKLlNE COMMUNICATIONS, INC. 80187 LOGICAL DESIGN, INC. 80188 LOWE'S HOME CENTERS, INC. 80189 M.R. BRACEY CONSTRUCTION CO.. INC. 80190 CHARLES MACKEY JR. 80191 KIM MAGEE 80192 THE MARK FISHER COMPANY 80193 MAYHALL PRINT SHOP 80194 LINDA M. MILLER 80195 DUANE A. MORITA 80196, MORROW PLUMBING. INC. 80197 NELSON PAVING. INC. 80198 NOBLE CONSULTANTS. INC. 80199 WILLIAM PAYNE 80200 GUILLERMO PEREZ ...40201-80202 PETTY CASH (')203 THE PLANNING CENTER VENDOR NAME 1212712004 P:IWARRANT LIST MASTERIWARRANT 121504 2 OF 4 ' ."., AMOUNT 265.17 168.90 1,144.22 707.65 2,463.90 2,021.07 . 208.50 150.00 441.87 1.254.78 ' 938.52 671.78 77.00 905.00 89.02 3.026.00 44,728.05 ' 197.50 350.00 282.31 2,640.00 168.00 9,274.83 345.11 300.00 184.00 ' 150.00 362.14 129.28 170.00 44.69 20.00 208.44 47.28 55,492.27 378.04 18,323.50 6.766.20 89.35 1,690.00 94.82 3,650.00 3,416.76 71.00 88,371.80 11.540.00 75.00 100.00 537.64 1,419.05 AQENDA ITEM NO. 'J. Q . PAGE .3' OF:5 DECEMBER 15, 2004 CITY OF LAKE ELSINORE CHECK# VENDOR NAME 80204 . KIMBERLY PRENTICE 80205 THE PRESS ENTERPRISE 80206 PRODUCTION VIDEO . ..' 80207-80208 PRUDENTIAL OVERALL SUPPLY 80209 PTO SALES 80210 QUAID TEMECULA HARLEY DAVIDSON . I 80211-80212 QUILL CORPORATION 80213 QWEST COMMUNICATIONS 80214 RADIO SHACK/DON MINENNA 80215 RANCHO REPROGRAPHICS, INC. 80216 FREDERICK RAY 80217 RIGHTWAY 80218 RIVERSIDE COUNTY SHERIFF CORRECTIONS ACCOUNTING 80219 RIVERSIDE COUNTY SHERIFF ACCOUNTING & FINANCE 80220 COUNTY OF RIVERSIDE OFFICE OF THE AUDITOR-CONTROLLER 80221 COUNTY OF RIVERSIDE OFFICE OF ASSESSOR, GARY L. ORSO . 80222 COUNTY OF RIVERSIDE BOB DOYLE, SHERIFF 80223 ROBBINS PEST MANAGEMENT, INC. 80224 JESUS ROQUE 80225 SAFETY-KLEEN SERVICES, INC. 80226 SAN D1EGAN 80227 SAN DIEGO BUSINESS JOURNAL 80228 DAVID W. SAPP 80229 SAULS COMPANY 80230 SHARE CORP. 80231 SHERWIN-WILLIAMS CO. 80232 DAVID S. SOLOMON 80233"80234 SOUTHERN CALIFORNIA EDISON CO. 80235 SOUTHERN CALIFORNIA GAS CO. 80236 SPECIALTY PRINTING BY KATE 80237 STAUFFER'S LAWN EQUIPMENT 80238 BOB STOVER, INC. 80239 T.S. INDUSTRIAL SUPPLY 80240 TEAM AUTOAID, INC. 80241 TEMECULA COPIERS 80242 TOP-LINE INDUSTRIAL, INC. 80243 TRANS AMERICAN SOIL SERVICES. INC. 80244 TRUCK PARTS SUPPLY & ETC. 80245 UNITED INDUSTRIES 80246 UNITED PARCEL SERVICE 80247 VALLEY CENTER AUTO PARTS NAPA 80248 VAN BLARCOM, LEIBOLD, MC CLENDON & MANN 80249 VERIZON 80250 VERIZON INTERNET SOLUTIONS 80251 ARMANDO VILLA 80252 ZENAIDA VILLAPARDO 80253 RICHARD WATENPAUGH 80254 WEST COAST ARBORISTS, INC. 80255 WESTERN HIGHWAY PRODUCTS, INC. 80256 WORLD WIDE ENTERPRISES WARRANT LIST AM~~:() 1,395.98 90.00 313.68 35.51 522.35 896.59 478.37 1,972.00 48.99 270.00 526.65 4,968.00 826,991.58 1,560.00 78.00 16,483.15 280.00 791.23 336.39 2,164.00 89.00 300.00 6,984.01 "U" 2,835.52 224.66 1,040.00 27,033.35 972.76 49.57 202.18 5,562.88 55.14 195.31 894.09 240.20 1,588.26 32.27 76.40 176.92 309.51 26,784.24 613.93 164.40 75.00 350.00 150.00 4,396.50 659.14'. 159.75 U AQENDA ITEM NO. 2.. u... . PAGE-.!:L OF .5 12/27/2004 P:\WARRANT LIST MASTERIWARRANT 121504 3 OF 4" . DECEMBER 15, 2004 CITY OF LAKE ELSINORE WARRANT LIST ~CK# . VENDOR NAME AMOUNT TOTAL 1,440,115.54 PIE DATE: 11/26/04 PAYROLL TAXES 11/26/04 PAYROLL CASH 39,412.68 106.140.50 GRAND TOTAL 1,585,668.72 n n 12/2712004 P:IWARRANT LIST MASTERIWARRANT 121504 4 OF 4 AliIENOA ITEM NO. 1, CJA.... PAGE~OF 5 u u u ~ ., . <..' , DECEMBER 31. 2004 CITY OF LAKE ELSINORE WARRANT SUMtviAR Y {\ FUND# 100 105 110 130 150 205 257 358 359 .362 363 369 370 371 606 .608 620 FUND DESCRIPTION . TOTAL GENERAL FUND MISCELLANEOUS GENERAL PROJECT FUND STATE GAS TAX FUND LIGHTING I LANDSCAPE MAINTENANCE FUND C.D.B.G. FUND TRAFFIC IMPACT FEE FUND C.F.D. 2003-02 CANYON HILLS FUND. C.F.D. 91-2 DEBT SERVICE FUND C.F.D. 90-3 DEBT SERVICE FUND C.F.D. 95-1 (1996-E) DEBT SERVICE FUND. C.F.D. 88-3 III (1997 SERIES A) DEBT SERVICE FUND C.F.D. 2004-3 ROSETTA CANYON DEBT SERVICE FUND. C.F.D. 2004-X CAMINO DEL NORTE DEBT SERVICE FUND C.F.D.2005-1 SERENITY DEBT SERVICE FUND MOBILE SOURCE AIR POLLUTION FUND TRUST DEPOSITS & PRE-PAID EXPENSES FUND COST RECOVERY SYSTEM 654,691.06 4,082.04 32,870.98 25,914.69 22,902.36 422.50 9,475.00 1,350.00 . 1,350.00 . 900.00 1,350.00 8,000.00 1,150.00 8,000.00 1,990.33 13,500.00 2,018.70 GRAND TOTAL (\ {\ 789,967.66 1/3/2005 WARRANT 123104 30t6 ACilENOA ITEM NO. :2. b . PAGE-L OF....::!- DECEMBER 31. 2004 CITY OF LAKE ELSINORE CHECK# VENDOR NAME 80115 VAN BLARCOM, LEIBOLD, MC CLENDON & MANN 80116 VOID-(RIVERSIDE COUNTY RECORDER) 80257 CALIFORNIA P.E.R.S. 80258 I.C.MA RETIREMENT TRUST 80259 AL TURA CREDIT UNION 80260 DAN DAMON PRODUCTIONS 80261 AL TURA CREDIT UNION 80263 A & A JANITORIAL SERVICE 80264 ACTION PARK ALLIANCE, INC. 80265 ALL PHASE REFRIGERATION & AIR CONDITIONING, INC. 80266 ALPINE PREMIUM WATER-NATHAN GARNER 80267 AMERICAN BATTERY SUPPLY 80268 AMERICAN FORENSIC NURSES 80269 ANASTASI CONSTRUCTION CO., INC. 80270 ARAMARK 80271 ARTISAN GOLDSMITHS & AWARDS 80272 BALDWIN COOKE 80273 BERRYMAN & HENIGAR, INC. 80274 BIO-TOX LABORATORIES 80275 CA PARK & RECREATION SOCIETY 80276 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 80277 CHRIS CALLOPY 80278 JOHN CARLSON 80279 CENTEX HOMES, SOUTHERN CALIFORNIA DIVISION 80280 CENTRAL SECURITY SERVICES, INC 80281 CITICORP VENDOR FINANCE, INC. 80282 CITY & COUNTY SOIL ENGINEERING, INC. 80283 COAST TO COAST WIRELESS, INC. 80284 CODED SYSTEMS, L.L.C. 80285 COMPUTER ALERT SYSTEMS, INC. 80286 COSTCO WHOLESALE 80287 COUNTS UNLIMITED, INC. 80288 KIRT A. COURY 80289 CRAFCO, INC. 80290 CAL CROSBY 80291 CUTTING EDGE STAFFING, INC. 80292 D & SELECTRIC 80293 DEL T BUILDERS 80294 MARK DENNIS 80295 DO IT CENTER 80296 CAROLE K. DONAHOE 80297 DONE WELL CONSTRUCTION 80298 DOWNS COMMERCIAL FUELING, INC. 80299 DRESCO REPRODUCTION, INC. 80300 D3 EQUIPMENT 80301-80307 E. V. M. W. D. 80308 E.S. BABCOCK & SONS, INC. 80309 EBERHARD EQUIPMENT, INC. 80310 ELITE ELEVATOR, INC. 80311 ELSINORE ELECTRICAL SUPPLY, INC. WARRANT LIST AMOUNTU' 47,357.84 0.00 30,874.51 3,564.56 1,325.00 100.00. 1,325.00 1,319.30 4,166.00 803.50 224.30 524.52 365.30 2,000.00 194.22 26.88 22.57 189.26 .' 325.51 80.00 245.00 80.00 187.50 100.00 117.00 ( \ 770.41 .....v 925.00 165.72 220.00 882.00 90.00 300.00 5,068.54 1,739.63 120.00 2,497.50 9,537.50 21,424.86 105.80 541.83 511.50 48.00 2,315.45 521.34 60.08 13,757.33 600.00 203.54 312.00 401.96 U 1/312005 WARRANT 123104 40F6 J,b. AGENDA lTEM NO. PAGE J-. OF Lf DECEMBER 31. 2004 CITYOF LAKE ELSINORE . WARRANT IJST ~HECK# (';312 ELSINORE VAlLEY RENTAlS 80313 EMPIRE ECONOMICS, INC. 80314 ENFORCEMENT TECHNOLOGY, INC. 80315 EXXON MOBIL 80316 FEDERAL EXPRESS CORPORATION 80317 FIRST AMERICAN REAL ESTATE SOLUTION 80318 K. HOVNANIAN FORECAST HOMES, INC. 80319 GEARHART'S GARAGE, INC. 80320-80321 GREENSCAPE 80322 . ARLINE GULBRANSEN 80323 LORENA HANCOCK 80324-80326 HARRIS & ASSOCIATES, INC. 80327 HARRIS & ASSOCIATES, INC. 80328 HARTZOG & CRABILL, INC. 80329 HAULAWAY STORAGE CONTAINERS, INC. 80330 LYLE HENSEN 80331 TIM HODGES 80332 INLAND EMPIRE LOCK & KEY 80333 INNERLlNE ENGINEERING 80334 DE JANDA 80335 JEFF HAUSER MOBILE WELDING 80336 STEVE KARVELOT 80337 PAT KILROY 80338 LA SIERRA FIRE EQUIPMENT /"""339 LAKE CHEVROLET (.340 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 80341 LEAGUE OF CALIFORNIA CITIES 80342 MARQUEZ, MARY 80343 MCMASTER-CARR 80344 LINDA M. MILLER 80345 MOBILE SATELLITE VENTURES, L.P 80346 DUANE A. MORITA 80347 MORROW PLUMBING, INC. 80348 . NEW HOLLAND CREDIT,L.L.C. 80349 NEXTEL COMMUNICATIONS 80350 NOBLE CONSULTANTS, INC. 80351 NORTHERN SAFETY CO., INC. 80352-80353 PETTY CASH 80354 PHD PENSKE LEASING 80355 THE PLANNING CENTER 80356 PRESENTA PLAQUE CORPORATION 80357 THE PRESS ENTERPRISE 80358 PRODUCTION VIDEO 80359-80360 PRUDENTIAL OVERALL SUPPLY 80361 PVP COMMUNICATIONS, INC. 80362 QUILL CORPORATION 80363. R.J. NOBLE COMPANY, INC. 80364 SANFORD REED 80365 JONI RICK ( ",66 RIGHTWAY 1/3/2005 WARRANT 123104 VENDOR NAME AMOUNT 568.33 8,000.00 36.79 241.89 83,48 125.20 211.99. 617.50 11,087,46 288.93 3,393.50 87,514.90 135.00 4,065.69 223.20 160.00 160.00 155.22 10,280.00 195.00 300.00 157.50 181.07 422.04 468.62 1,000.00 10,416.00. 40.00 45.63. 3,725.00 72.94 4,253.13 146.00 3,251.42 1,481.44 3,124.00 104.17 579.05 898.58 1,051.55 . 550.68 1,056.80 30.00 203.02 247.44 328.71 31,305.98 1,294.00 37.89 471.22 , " 50F6 AQENOA .TEM~O. ). ,b. PAGE .-5 OF~ DECEMBER 31. 2004 CHECK# 80367 80368 80369 80370 80371 80372 80373 80374 80375 80376-80381 80382 80383 80384 80385 80386 80387 80388 80389 80390 80391 80392 80393 80394 80395 80396 80397 80398 80399 '. 80400 80401 80402 80403 CITY OF LAKE ELSINORE WARRANT LIST VENDOR NAME . COUNTY OF RIVERSIDE TRANSPORTATION AND LAND MANAGEMENT COUNTY OF RIVERSIDE SHERIFF, BOB DOYLE, LAKE ELSINORE STATION ANTHONY ROMERO JESUS ROQUE SADDLEBACK MATERIALS COMPANY, INC. SERVICE ONE SERVICE, INC. TRACI SIGWALT MARY SNYDER DAVID S. SOLOMON SOUTHERN CALIFORNIA EDISON CO. STAPLES CREDIT PLAN STATE WATER RESOURCES CONTROL STAUFFER'S LAWN EQUIPMENT BOB STOVER, INC. TEAM AUTOAID, INC. TEXTRON FINANCIAL CORPORATION MYRTLE THOMAS TOWN & COUNTRY TOWING TRUCK PARTS SUPPLY & ETC. UNION BANK OF CALIFORNIA UNITED INDUSTRIES UNITED PARCEL SERVICE VALLEY CENTER AUTO PARTS NAPA VENUS PRINTING VOLUNTEER CENTER OF RIVERSIDE COUNTY WAL-MART STORES, INC. WEST COAST WINDOW CLEANING WILLDAN WOODSIDE LAKE STREET, INC. Z-BEST PAINT I.C.MA RETIREMENT TRUST CALIFORNIA P.E.R.S. AMOUNT > 8,137.56U 6,959.26 200.00 360.00 1,054.57 8,945.00 67.50 120.00 3,640.00 15,270.00 1,153.58 7,406.00 44.97 5,510.40 54.11 987.13 16.24 150.00 120.00 24,025.32 46.83 162.61 504.04 91.82 3,760.64U 865.61 450.00 3,468.00 9,500.00 3,006.25 3,564.56 30,278.89 TOTAL 493,346.61 PIE DATE: 12/10/04 12/10/04 12/24/04 12/24/04 PAYROLL TAXES PAYROLL CASH PAYROLL TAXES PAYROLL CASH 41,774.50 112,190.04 39,000.86 103,655.65 GRAND TOTAL 789,967.66 u 1/312005 WARRANT 123104 60F6' . A8ENDA .TEM NO. J.' b ' PAGE-..:L OF-.::L. n CITY OF LAKE ELSINORE REPORT TO .CITY COUNCIL TO: MAYOR AND CITY COUNCIL, FROM: RICHARD J. WATENPAUGH, CITY MANAGER DATE: JANUARY 11, 2005 SUBJECT: 31st YEAR CDBG ALLOCATION " BACKGROUND Each year the City of Lake Elsinore receives an allocation of Community De;velopment Block Grant (CDBG) funds through the Economic Development Agency of Riverside County. These allocations are based on population and are designed for assistance to low and moderate income residents; Of the totalallocation, 15% can be used for Public (social) Service Programs, while the remaining 85% must n be used for Public Works Projects. " As part of the 2ih, 28th, 29th, and 30thCDBG years, the City has requested unused percentage caps from other cities within the 1 st supervisorial district as well as the County to expand its (the City of Lake Elsinore) available public serVice allocation. The City has been notified that no additional percentages will be available this year limiting the City to its straight 15% cap. ' c' Based on an anticipated total allocation to be received by the County fromR.U.D. on the City's behalf ("unentitled city"), the City would be able to allocate $30,000 of its $200,000 (15%) towards public service programs with a balance of $170,000 for funding of Public Works projects. DISCUSSION For the 31 st Year funding program, the City is anticipating to receive $200,000 for ',:', Fiscal Year 2005-2006. At the tiling deadline of December 9,2004 the City had received eight (8) applications totaling $310,360: n Agencies requesting funds are: City of Lake Elsinore ($90,000) (or Weed Abatement Water Truck; Alternatives to Domestic Violence ($15,360) for service support; City of Lake Elsinore ($19,000) Senior Center,Services; H.O~P;E. ($6,000) for support of AOJ:NDA ITEM NO. 3 PAOE I OF-3 their food program; Assistance League of Temecula Valley ($10,000) for Operation U School Bell; and CitY of Lake Elsinore (95,000) Curb, Gutter, and Sidewalk Replacement; City of Lake Elsinore ($50,000) for Structure Abatement and City of Lake Elsinore ($25,000) Code ,Enforcement. PUBLIC WORKS PROJECTS City of Lake Elsinore Weed Abatement Water Truck Code Enforcement Dangerous Structure Abatement - , Curb, Gutter, Sidewalk Replacement PUBLIC SERVICE PROGRAMS. City of Lake Elsinore Senior Center Services' , ' , , . PUBLIC SERVICE PROGRAMS l.+:, 'H-.D.P.E.i" Food Program Assistance League of Temecula Operation School Bell , Alternatives to Domestic Violen,ce Program Support , "TOTAL . , REOUESTED FUNDED 2004-2005 SUGGESTED $ 90,000 25,000 50,000 $ 75,000,. $ 0 , 20,000 20,000 25,000 50,000 50,000 " 95,000 95,000 , - 19,000 , 17,000 19,000 , . 6,000 6,000 6,000 U 10,000 4,000 5,000 15.360 3;000 0 $310,360 $200,000 " Should the City Council wish to further change the Senior Center suggested allocation of $17,000 then staff would request that those, decreases be absorbed through the General Fund ascpart of the FY 2005-2006 budget process. FISCAL IMPACT The City of Lake Elsinore's CDBG allocation is anticipated at $200,000 for the 3151 Year. These funds will be available July 1,2005. The City did,provide H.O:P.E. an additional $5,000 from the' City's unallocated revenue fund as part of the 2004 - 2005 fiscal year budget. RECOMMENDATION " , u . It -is staffs recommendation .that the Mayor and City Council: adopt the 31 S! Year . ACENDA ITEM NO. 3_ '. ' PAOE ~ OF~__ n CDBG Program as recommended at the January 6th study session and direct staffto submit to the County of Riverside the City's approved program by January 14,2005. PREPARED BY: David W. Sapp, . ector of Co ity Services APPROVED BY: Da . W. Sapp, Director of APPROVED FOR AGENDA LISTING: 1!~~:pa~::tJit:;:&fw' n n AGENDA ITEM NO. PACE ,'1 5 Of .?l ~.,-' 'I( 'J_ u ,', u u (\ (\ (\ CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: Mayor and City Council FROM: Richard J. Watenpaugh, City Manager DATE: January 11,2005 SUBJECT: APPROVAL OF FINAL MAP 31106-1, a Residential Subdivision by Pardee Homes located north of Canyon Hills Road between Lost Road and Cottonwood Canyon Road. BACKGROUND Tentative Tract Map 31106-1 was approved at the regular City Council meeting on October 12, 2004. Final Map 311 06-1 represents a consistent division of the original tentative tract which consists of 10.01 gross acres that are divided into 71 residential lots and 4 open space lots. FINDINGS Staff has reviewed the final map and it conforms substantially to the tentative tract map and all Conditions of Approval required at the final map stage have been completed. FISCAL IMPACT None. RECOMMENDATION 1. Approve the final map, subject to the City Engineer's acceptance as being true and correct. 2. Authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation. PREPARED BY: Ken Seumalo, Engineering Manager ~ APPROVED_V ~/1~ C ITY DEVELOP T DEPARTMENT APPROVED FOR ~;J "/J J-- AGENDA LISTING: f/ ~ I1-41JI CIT NAGER'S OFFICE Attachment: Final Map AQENOA ITEM NO. L\ "PAGElOF \ I , '.'. u , "', ,. u u ("1 CITY OF LAKE ELSINORE REPORT TO TIlE CI'fY COUNCIL . TO: " M . MAYORAND CITY COUNCIL . FROM: DICK WATENPAUGH, CITY MANAGER DATE: JANUARY 11,2005 '.'-, '.' ,< SlJBJECT:.DEPOSIT AND REIMBURSEMENT AGREEMENT WITH KB .' HOMES BACKGROUND ("1 OnDecember 14, 2004, City Council adopted resolutions 'of intention to fonD a new Community Facilities District in the development and issue bonds. The deposit ~d reimbursement agreement should have come forward at that tim~; ANALYSIS . .. According to theCity's policy on forming CFD~s and in according to the Mello- . . Roos Commtinity Facilities Act of 1982, the City Council may approve an . agreement to receive a deposit for the cost incurred by the City in creating fue CFD and issuing special taX bonds. The developer has already suhmitted a deposit of $50,000 per the agreement. The public liearing will be held on January 2'5,2005: \ '.; FISCAL IMPACT . The administrative cost to the City will be reimbursed with bond proceeds. . '. " RECOMMENDATION ' 0, .' .,' - . It is recommended that City Council approve the Deposit and Reimbursement Agreement willi KB Homes.. . . PREPARED BY: '.' Matt N. Pressey, Direct . \ . '-: n , , APPROVED FOR 'C1' . .' . '. , AGENDALISTING:-11~/b,ILM~' d/.f~A<j.iU. ~ .'. lck Watenpaugh, City anager oJ AGENDA ITEM NO. c:z . PAGEl OF DEPOSIT AND REIMBURSEMENT AGREEMENT u THIS DEPOSIT AND REIMBURSEMENT AGREEMENT (this "Deposit Agreement"), dated as of December 1, 2004, for identification purposes only, is by and between the City of Lake Elsinore, California (the "City"), and KB Home Coastal, Inc., a California corporation (the "Owner"). RECITALS . WHEREAS, the City has determined to initiate proceedings tq create a commi.mity facilities 'district designated "City of Lake' Elsinore Commi.mity Facilities District No. 2005-1 (Serenity)" (the "Commi.mity Facilities District") under the Mello-Roos Commi.mity Facilities Act of 1982 (the "Act"); and WHEREAS, the Owner is the owner of the real property within the proposed Community Facilities District; and , WHEREAS, in accordance with the City's policy regarding use of the Act, the Owner is required to compensate the City for all costs incurred in the formation of the Community Facilities District and the issuance of bonds for the Commi.mity Facilities District; and WHEREAS, Section 53314.9 of the Act provides that, at any time either before U or aflerthe formation of a community facilities district, the legislative body may accept advances of funds frornany source,. including, but not . limited to, private. persons or private ,entities and may provide, by resolution, for the use of those funds for any authorized purpose, including, but not limited 'to, paYing any cost incurred by the local agency in creating a commi.mity facilities district (inchiding the issuance of bonds thereby); and " ' " , , .'.. v WHEREAS, Section 53314.9 of the Act further provides that the legislative body may enter into an agreement, by resolution, with the person or entity advancing the funds, to repay all or a portion of the funds advanced, as determined by the legislative body, with or without interest. under all of the, following conditions: (a) the proposal to repay the funds is included in both the resolution of intention to establish a commi.mity facilities district adopted pursuant to Section 53521 of the Act and in the resolution of formation to establish the' community facilities district pursuant to Section 53325.1 of the Act (including the issuance of bonds thereby), (b) any proposed special tax is approved by the qualified electors of the community facilities' district pUrsuant to the Act, and (c) ahy agreement shall. specify that if the qualified electors of the commi.mity facilities district do not approve the proposed 'Special tax, the local agency shall return any funds which have not been committed for any authorized purpose by the time of the election to the person or entity advancing the funds; and , '." WHEREAS," the City and the Owner (each, it "Party" and, collectively, the "Parties") desire to enter into this Deposit Agreement in accordance with Section 53314.9 of the Act in order to provide for the advancement of funds by the Owner to be used to pay costS .. U incurred in connection with the formation of the Commi.mity l'acilities District and the issuance 20526378vl AQENDA ITEM NO. PAGE ?-. OF s ~ (\ (\ (\ of special tax bonds for the Community Facilities District (the "Bonds''), and to provide for the reimbursement to the Owner of such funds advanced, without interest, from the proceeds of any , Bonds; , '_ 1 NOW, THEREFORE,' for and in consideration of the mutual promises and , covenants herein contained, the Parties hereto agree as follows: Section!. 'TheDeposits and ApnIication Thereof. (a) The Owner has previously deposited with the City the amount of $50,000.00 (the "hritial Deposit"). ,The, City, by its execution hereof, acknowledges receipt of, and accepts, the hritial Deposit. (b) The hritial Deposit, together with' any subsequent deposit required to be made by the Owner pursuant to the terms hereof (collectively, the "Deposits''); are to be used to pay for any costsincUired for any authorized purpose in connection with tlie formation of the Cotnh1unity Facilities District and the issuance of the Bonds (other than costs, fees, and expenses to be paid out of the proceeds of the Bonds), including, without limitation, (i) the fees and expenses of any consultants to, the City employed in connection with the formation of the Community 'Facilities District and the issuance of the Bonds, including an engineer, special tax consultant, financialad'visor, bond counsel; and any other consultant deemed necessary or advisable by the City, (ii) the costs of appraisals, market absorption and feasibility studies, and other reports deemed necessary or advisable by the City in connection with the formation of the ' Community Facilities District and the issuance of the Bonds, (iii) the costs of publication of notices, preparation and mailing of ballots, and other costs related to any hearing, election, or other action or' proceeding undertaken in connection with the ,formation of the Community Facilities District and the issuance of the Bonds, (iv) reasonable charges for City staff time incurred ill connection with the formation of the Community Facilities District and the issuance of the Bonds by the Community Facilities District, including, a reasonable allocation of City overhead expense related thereto, and (v) any and all other actual costs and expenses incurred by the City in counection with the fonnation of the Community Facilities District and the issuance , of the Bonds (collectively, the "hritial Costs"). The City may draw upon the Deposits from time to time to pay the Initial Costs. (c) If, at any time, the unexpended and unencumbered balance of the Deposits is less than $10,000, the City may request, in writing, that the Owner make an additional deposit in an amount estimated to be sufficient, together with any such unexpended and unencumbered balance, to pay for allhritial Costs. The Owner shall make such additional deposit with the City within two weeks of the receipt by the Owner of the City's written request therefor. If the Owner fails to make any such additionai deposit within such two week period, the City may cease all work related to the issuance ,of the Bonds. (d) The Deposits may be commingled with other funds of the City for purposes of investment and safekeeping, but the City shall at,all times maintain records as to the expenditure of the Deposits. 20526378v1 2 AQENDA ITEM NO. PAGE 2 OF { g' (e) TheCity shall provide the Owner with a Written monthly summary of expenditures made from 'the Deposits, artd the unexpended balance thereof, within ten business U days of receipt of the City of a written request therefor submitted by the Owner. The cost of providing any such summary shall be charged to the Deposits. Section 2. Return of Deposits: Reimbursement. , (a). As provided in Section 53314.9 of the Act, the approval by the qualified electors of the Community Facilities District of the proposed special tax to be levied therein is a condition to the repayment to the Owner of the funds advanced by the Owner pursuant hereto. Therefore, if the qualified electors of the Community Facilities District do, not approve the proposed special tax to be levied thereon, the City shall have no obligation to repay the Owner any portion of the Deposits expended or encumbered to pay Initial Costs. In accordance with Section 53314.9 of the Act, if the qualified electors of the Community Facilities District do not approve the proposed special. tax to be levied therein, the City shall return to the Owner any . portion of the Deposits which have not been expended or encumbered to pay Initial Costs by the time of the election on said proposed special tax. (b) If proceedings for the issuance of the Bonds are terminated, the City shall, within ten business days after official action by the City or the, Community Facilities District to terminate said proceedings, return the then unexpended and unencumbered portion of the Deposits to the Owner, without Interest. ' (c) If the Bonds are issued by the Community FaCilities District, the City shall U reimburse the Owner, without interest, for the portion of the Deposits that has been expended or encumbered, said reimbursement to be made withiil ten business days after the issuance of such Bonds, solely from the proceeds of such Bonds and only to the extent otherwise permitted under the Act. The CitY shall, within ten business days after the issuance of such Bonds, return the then unexpended arid unencumbered portion ofthe Deposits to the Owner, without interest. Section 3. 'Abandonment of Proceedinl!s. The Own.er acknowledges and agrees that the issuance of the Bonds shall be in the sole discretion of the Community Facilities District. No provision of this Deposit Agreement shall be construed as an agreement, promise, or warranty of the City to issue the Bonds. Section 4. Deposit Al!reementNot Debt or Liabiiitv of City. As provided in Section 53314.9(b) of the Act, this Deposit Agreement does, not constitute a debt or liability of the City, but shall constitute a debt and liability of the COlnrnunity Facilities District upon its formation. The City shall not be obligated to advance any of its own funds to pay Initial Costs or any other costs incurred in connection with the issuance of the Bonds. No member of the City Council of the City and no officer, employee, or agent 'of the City shall to any extent be personally liable hereunder. Section 5. Notices, Demands, and Communications Between the Parties. Any notices, requests, demands, documents, approvals, or disapprovals given or sent under this Deposit Agreement from one Party to another (collectively, "Notices") may be personally delivered, transmitted by facsimile ("FAX") transmission, or deposit with the United States U ,/ AQENOA .TEM NO. ~ PAGE-.::L OF t 20526378vl 3 ('. Postal Service for mailing, postage prepaid, to the address of the ,0therPartyas stated in this Section, and shall be deemed to have been given or sent at the time of personal delivery or FAX transmission or, if mailed, on the third day following the date of deposit in the course of tran.smission with the United States Postal Service. Notices shall be sent as follows: Ifto the City: City of Lake Elsinore Atm: City Manager 130 S. Main Street Lake Elsinore, CA 92530 FAX No. (909) 674-239 With copies to: Van Blarcolll, Leibold, McClendon & Mann, P.C. . Atth: Barbara Zeid Leibold, City Attorney . . . 23422 Mill Creek Drive, Suite 105 Laguna Hills, CA 92653 FAX No. (949) 457-6305 If to the Owner: (\, KB Home Coastal, Inc. ~ Riverside Division Atm: Scott Hansen 26201 Ynez Road Suite 104 Temecula, CA 92591 FAX No. (951) 506-1722 . '. . '. . , . " .' .' Each such notice, statement, demand, consent, approval, authorization, offer, designation, request, or other communication hereunder shall be deemed delivered to the Party to whom it is addressed' (a) if personally served or delivered, upon delivery, (b) if given by electronic communication, whether by telex, telegram, or telecopier upon the sender's receipt of an appropriate answerback or other written acknowledgement, (c) if given by registered or certified. mail, return receipt requested; deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, (d) if given by overnight courier, with courier charges prepaid, 24 hours after delivery to said overnight courier, or ( e) if given by any other means, upon delivery at the address specified in this Section. Section 6. California. Law. This Deposit Agreement shall' be governed and' construed in accordance with the laws of the State of California. The Parties shall be entitled to seek any remedy available at law and in equity. All legal actions must be instituted in the Superior Court of the County of Riverside, State of California, or in the 'United States District . Court for the District of California in which Riverside County is located. ('. Section 7. Successors and Assil!ns. This Deposit Agreement shall be binding upon an.d insure to the benefit ofthe successors and assigns ofthe Parties hereto. 20526378v1 4 AQENDA ITEM NO. 6 PAGE 5 OF 15 Section 8. . Counterparts. This Deposit Agreement may be executed in counterparts, eaCh of which shall be deemed an original and all of which shall constitute but one and the same U instrument. Section 9. Other Aereements. The obligations of the Owner hereunder shall be that of a Party hereto. Nothing herein shall be construed as affecting the City's or the Owner's rights, or duties to perform their respective obligations, under other agreements, use regulations or subdivision requirements relating to the development. This Deposit Agreement shall not confer any additional rights, or waive any rights given, by either Party hereto under any development or other agreement to which they are a party. . Section 10. Titles and Captions. Titles and captions are for convenience of reference only and do not define, describe, or limit the scope or the intent of this Deposit Agreement or of any of its terms. References to section numbers are to sections in this Deposit Agreement, unless expressly stated otherwise. Section 11. Interpretation. As used in this Deposit Agreement, masculine, feminine, or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word "including" shall be construed as if followed by the words "without limitation." This Deposit Agreement shall be interpreted as though prepared jointly by both Parties. Section 12. No Waiver. A waiver by either Party of a breach of any of the covenants, conditions, or agreements under this Deposit Agreemerit to be performed by the other Party shall not be construed as a waiver of any succeeding breach of the' same or other covenants, agreements, restrictions, or conditions of this Deposit Agreement. u Section 13. Modifications. Any alteration, change, or modification of or to this Deposit Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each Party. Section 14. Severability. If any term, provlSlon, condition, or covenant of this Deposit Agreement or its application to any Party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Deposit Agreement, or the. application of the term, provision, condition, or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be. valid and enforceable to the fullest extent permitted by law. . . Section 15. Computation of Time. The time in which any act is to be done under this Deposit Agreement is computed by excluding the first day (such lis the day escrow opens), and including the last day, unless the last day is a holiday or Saturday or Sunday, and then that day is also excluded. The .term "holiday" shall mean all holidays as specified in Sections 6700 and 6701 of,the California Govermnent Code. If any act is to be done by a particular time during a . day, that time shall be Pacific Time Zone time. () 20526378vl 5 AQENDA ITEM NO. PAGE ~ OF (\ (\ (\ advice from its respective legal counsel as to th.e matters set forth in this Deposit Agreement, or has knowingly chosen not to consult legal counsel as to the matters set forth in this Deposit Agreement; and it has freely signed this Deposit Agreement without any reliance upon any agreement, promise, statement, or representation by or on behalf of the other Party or its respective agents, employees, or attorneys, except as specifically set forth in this Deposit Agreement, and without duress or coercion; whether economic or otherwise. Section 17. Coooeration. Each Party agrees to cooperate with the other in this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Deposit Agreement including, but not limited to, releases or additional agreements. Section 18. Conflicts ofInterest. No member, official, or employee of the City shall have any personal interest, direct or indirect, in this Deposit Agreement, nor shall any such member, official, or employee participate in any decision relating to the Deposit Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is directly or indirectly interested. [Signatures on following page] " 20526378vl 6 AQENOA I'TEM NO. ~ g PAGEl OF IN wITNESS WHEREOF,'the Parties have executed' this Deposit Agreement as of the'; U respective dates set forth below. ' . . "'CITY" , >J CITY OF LAKE ELSINORE, a m,unicipal corporation ., By: Dated: MAYOR ATTEST: VICKI KASAD, CITY CLERK By: VICKI KASAD APPROVED AS TO FORM: VANBLARCOM, LEIBOLD, McCLENDON & MANN, P.C. City Attorney u By: BARBARA ZEID LEIBOLD "OWNER" KB HOME COASTAL, INC., a California corporation Dated: By: Title: u 20526378vl 7 AaENDA'TEM~O. ~ PAGE '6 OF g' (\ , I , I !I " II II II :1 I, I, I, II I, I: II I (\ n ORDINANCE NO. 1136 ,,: '-.' AN ORDINANCE OF THE CITY OF LAKE ELSINORE AMENDING ORDINANCE I NUMBER 1096 OF THE CITY OF LAKE ELSINORE TO ADnJST THE WESTERN RIVERSIDE COUNTY TRANSPORT A nON UNIFORM MITIGA nON FEE WHEREAS, Government Code Sections 66000 et seq, permits the adoption or increase of certain fees provided that certain notice requirements are met; , WHEREAS, the City Council of the City of Lake Elsinore, California (the "City") adopted Ordinance No. 1096, an ordinance of the City authorizing participation in the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program, on April 22, 2003; WHEREAS, the TUMF Program is administered by the Western Riverside Council of Governments (WRCOG),.which has approved an adjustment to the fees imposed by the TUMF Program; . I , WHEREAS, the City' desires to I adjust the fees imposed by Ordinance No. 1096 in accordance with the revised TUMF fee schedule adopted by WRCOG; WHEREAS, in accordance with the Government Code, the City has properly noticed a public hearing for December 28,2004 to consider the matter. NOW, THEREFORE, THE CITY COUNCIL OF I THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: Sectionl:' Title I This Ordinance shall beknown'as the "Fee Adjustment to the Western Riverside County Transportation Uniform Mitigation Fee Program Ordinance". Section 2: Findings " A.' In accordance with Ordinance 1096, Section 4.C, TUMF fees maybe periodically reviewed and increased or decreased to reflect changes required as a result of periodic review by Western Riverside Council of Governments. This Ordinance amerids Section 4.A, Establishment of Fees and Section 6.Bji, Payment of Fees. All other sections of Ordinance I 096 shall remain in full force and effect. Section 3: Revisions A. Section 4.A is amended in its entirety to read as follows: Section 4: Establishment of the'RevisCd Transportation Uniform Mitigation ~ee A. I Adoption. Subject to the exemptions set forth in Section 4F and the phase-in periods set forth in Section 6.b. hereof, there is hereby adopted the following schedule of fees: $7,248 per Single Family Residential Unit $5,021 per Multi Family Residential Unit , I I AQENOAITEM NO. 3 \ PAGE-L OF 3 $ 1.58 per square foot of an Industrial Project $8.5 I per square foot of a Retail Commercial Project $5.28 per square foot of a Service Commercial Project B. Section 6;B.iiisamended in its entirety to read as follows: Section 6: Procedures for !he Levy, Collection and Disposition of Fees B. . Payment ofthe revised fees shall be as follows: 11. For non-residential projects the' fees shall be phased in ~ follo~s: u From the effective. date of this Ordinance to July' 1,2004, non- residential projects shall be exempt from fees hereunder pursuant, to Section 4.F From July 1,2004 to June 30, 2005, the fee schedule shall be:' $0.52 per square foot of an Industrial Project $2.83 per square foot of a Retail Commercial Project $1.75 per square foot of a SerVice Commercial Project From July 1, 200510 June 30, 2006, the fee schedule shall be: $1.05 per square foot of an Industrial Project $5.67 per square foot of a Retail Commercial Project $3.52 per square foot of a Service Commercial Project After July 1,2006, the fee schedule shall be as set forth in Section 4.A. hereof, or such fee schedule as may be in effect due to ,amendment of Section 4.A. in accor~ce with Section 4.C. hereof. u Section 4: Severability ; (", If anyone or more of the terms, provisions or sections of this Ordinance shall to any extent be judged invalid, unenforceable and/or voidable for any reason whatsoever by a court of ' competeritjurisdiction,then eachand all of the remaining terms, provisions and sec,~ons of this Ordinance shall not be affeCted thereby and shall be valid and enforceable. ,. , " ' . . . . ' . . '. . Section 5: Effective Date .,:, . /".. '-, "1 This Ordinance shall take effect 30 days after the date of adoption. The increased fees shall be levied on development commencing 60 days after the date of adoption. .' ,PASSED UPON FIRST READING this 28th day of December, 2004, upon the following vote: ' , . AYES: NOES: ABSENT: Councilmembers: BUCKLEY",. ,HICKMAN, SCHIFFNER, MAGEE Councilmembers: KELLEY' u F' " ,. 3 \ AQENoA ITEM NO. PAGE ~ OF '3 Councilmembers: NONE' n n n ABSTAIN: Councilmembers: NONE PASSED, APPROVED AND ADOPTED this _ day of the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers: Councilmembers: Councilmembers: Councilmembers: ATTEST: Vicki Kasad, City Clerk City of Lake Elsinore AP']OVED AS TO FORM:; . c~ , 2004, upon Robert E. Magee, Mayor City of Lake Elsinore AGENDA ITEM NO. . J \ PAGE-lOF 3 .- ,,:" , ',' ; " , () <' u u (\ ORDINANCE NO. 1137 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CORRECTING CERTAIN PROVISIONS OF , . SECTION 2.46 OF THE LAKE ELSINORE . MUNICIPAL CODE RELATING TO THE PUBLIC SAFETY ADVISORY COMMISSION. WHEREAS, the City of Lake Elsinore first esta~lished a PubliC Safety Commission in 1984; and '.' '. WHEREAS, the Public Safety Commissi<m had been inactive since abou,t 1988; and . " . WHEREAS, on March 23, 2004 the Lake Elsinore City Council adopted Ordinance No. 1116 revising Section 2.46 of the Lake Elsinore Municipal Code and thereby reactivating the Public Safety Advisory Commission; and' , ' WHEREAS, the City Council desires to incorporate technical corrections. to Section 2.46 to accurately reflect reVisions to Ordinance No, 1116 that were made during the Council discussion on March 23,2004, but,were not fully incorporated intO. the codified version of the Ordinance. , ' , '. . . (\ NOW, THEREFORE, the Lake Elsinore City Council does hereby amend Section 2.46 . of the Lake Elsinore Municipal Code as indicated ,and set forth in full hereinbelow: ..... .. ,','., ',' , ,"" .:.... . , SECTION 2.46.010 .:.:. DEFINITION. "PuhlicSafety" is that which is related to Police, Fire, Code Enforcement Services and civil disaster ' . within the City of Lake Elsinore. , SECTION 2.46.020 - CREATION OFA PUBLIC SAFETY ADVISORY COMMISSION. A Public Safety Advisory Commission is established, SECTION 2.46.030 - MEMBERSHIP. The PlIblic Safety Advisory Commission shall consist of five members; Meinbers of the. Public Safety Advisory Commission shall: (I) reside within the City of Lake Elsinore; or (2) be an owner of a business that is established and currently licensed inside the City of Lake Elsinore. Members shall.be subject to a routine background check to be administered by the Police Department ' . . (\ . SECTiON 2.4,6.040 - APPOINTMENT -REMOVAL. The Members of the Public SafetY AdViSory Commission shall be appointed by each member of the City Council and may be removed at hislher pleasure, but subject to the approval by the majority vote of the City Council. Upon its creation the Mayor shall select the Chairman oCtlie'Commission and the Commission members shall thereafter select the Vice-Chairman. The offices of Chairman ' AQENOA ITEM NO. ]1- PAGEiOF .S Page Two - Ordinance No. 1137 u and Vice-Chairman shall run through December 31,2004, at which time'the Chairman and Vice-Chairman shall be selected by 'a majority vote of the membership of the Commission., . . SECTION2.46.0S0 ..,.'I:ERM OF OFFICE. The Members of the Public SafetY Advisory COllunission shall be appointed for a term of tWo years, said two year term shall commence on July 1 of the respective year in which appointed. Those members of the Public Safety Advisory , , Commission serving as oftlie date of this amendment shall serve Until July 1, 2006, except for those Commissioners initially serving in the capacity of , Chllirman and Vice-Chairmari, whose initial terms shall run until July 1, 2005. All members are subject to potential reappointment pursuantto Section 2.46.040. ' SECTION 2;46.060 - DUTIES AND RESPONSIBIL~TIES. A. The Commission shall serve as a cOnduit of informatiim from the residents and business people of Lake Elsinore to their Public Safety, Code Enforcement and Em?rgencyServices Professionals. ' B. The Commission shall serve as an additional set of eyes and ears that shall complement staff's effortsjn their attempt to be - j' . proactIve. ' u C. The Commission shall create and maintain a link on the City's web' site <(ncouraging citizens input and providing a complaint ~r contactform, which may be submitted, on-line. . D. The Commission shall seek out additional input and maintain a dialogue with various City organizations including but not limited to Lake Elsinore Marine Search and Rescue, Neighborhood Watch Groups, Homeowners' Associations, the Chamber of Commerce and the Downtown Merchants Association, etc. ' . '. , -,. ' E. The Commission shall report to the City Council on a regular basis, and all recOinmendations sh~l be forwarded to the City <:;ouncilJor consideration. F. The Commission shall consider assisting the City Council, City Manager o'r other Public Safety Professionals with disaste~prePan;dness and crisis ,< ", I management . , . . . . - ~ ' . G. The Commission shall consider and evaluate the 'cost and benefits of creating a Citizens' Action J>~trol. .,' u AGENDA ITEM NO. 3 2 PAGE 'J-. OF < n Page Three - Ordinance No. 1137 H. The Commission shall actively and aggressively seek out funding programs such as grants to fund Public Safety related programs, projects and equipment needs for the City of Lake Elsinore. I.. The Commission shall limit its activities to those enumerated above. However, the Commission may request of the City Council additional duties and responsibilities (i.e. changes to Section 2.46 of the LEMC). Such requests may be granted by a majority vote of the City Council. SECTION 2.46.070 ~ MEETINGS. A. The Commission shall be subject to the laws governing public agencies and a quorum must be present in order to hold a meeting or take any action. B. Printed agendas and backup material shall be prepared for each meeting. .r'\ \ . C. Minutes of each meeting shall be prepared and distributed to all City Council Members and available upon request for public review at City Hall or on the City's website. . .. D. If a Commissioner cannot attend a meeting or is going to be late, he/she shall contact the City Manager's Office. Failure to be present at four regularly scheduled meetings in anyone calendar year may be cause for removal from the Commission by the Mayor and City Council. E. The Commission shall be authorized to meet as often as twice a month, but not less than once a quarter. The Commission shall report to the City Council not less than once quarterly. . . F. The Chief of Police and the Fire Chief or a member of their respective staffs may attend the regularly scheduled meetings, but are not voting members of the Commission. SECTION 2.46.080 - OBLIGATIONS AND EXPENSES. The Public Safety Advisory Commission shall incur no obligations or expenses of any kind, without obtaining prior written authorization and approval by the City Council. {\ AQENDA ITEM NO. 3')... PAGE 3 OF. 5" Page Four - Ordinance No. 1137 u SECTION 2.46.090 - TERMINATION. . The Commission may be terminated at any time by a simple majority"yote of the City Council.. . EFFECTIVE DATE: This Ordinance shall take effect thirty (30) days after the .date of its passage. . The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED AND APPROVED UPON FIRST READING this 28th day of December, 2004; by the following roll call yote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NONE ABSENT: NONE. " ABSTAIN: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this U _ day of January, 2005, by the following roll call yote: . . . AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ROBERT MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST: U AGENDA ITEM NO. 3:L PAGE-.:L OF s (\ (\ n Page Five - Ordinance No. VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR. CITY OF LAKE ELSINORE APPROVED AS TO LEGAL FORM: ~1(~M ZJjfjj} B ARA L~OLD, CITY ATTORNEY CITY OF LAKE ELSINORE AGENDA ITEM NO. '3?-. PAGE r; OF S u u u (\ (\ n CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR & CITY COUNCIL. DICK W ATENPAUGH, CITY MANAGER F~OM: DATE: JANUARY 11,2005 SUBJECT: Acceptance of Planning Commission Resignation &. . Designation of Sub-Committee for Interviews BACKGROUND Planning Commissioner Harvey Ryan submitted his resignation on December 22. 2004, to be effective immediately. Mr. Ryan was just appointed to a four year term beginning July, 2004, so his replacement will fulfill the term which runs until June, 2008. As you are aware, we just finishing soliciting applications for this position; and you have all had the opportunity to review them. Pursuant to Council Policy, the next step is to establish a City Council Sub-Committee to conduct interviews of the applicants. FISCAL IMPACT None. RECOMMENDATION Accept the Resignation of Mr. Harvey Ryan, commending him for his efforts on behalf of the City; and stablish a sub-committee to conduct interviews and a date for those interviews. PREPARED BY: VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR APPROVED FOR ~. . AGENDA LISTING: IiA i~ .;Ju ~ A. w. DIC WATENPAUGH,CI MANAGER AQENDA ITEM NO. 3 3 " PAGE-L OF '). To Whom It May Concern: December 21, 2004 u I will be resigning my position from the City of Lake Elsinore Planning Commissioner as of December 22nd 2004. thank you for the opportunity to be part of a great time in our city's history. Thank you for having the confidence in my appointment for this position, I have enjoyed the time I have spent in this assignment. Respect Harvey R. Ryan Planning Commissioner . < . -~ iO."t ; ~~ u fD) ~~~OW~ ~ .!1ll . UEC ~i& ZOO; ~ CITY CLERKS OFFICE ; u ACiENOA ITEM NO. 3 2> "'-.. PAGE~ OF ?.. / ("1 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY TO: MAYOR AND CITY COUNCIL. CHAIRMAN AND MEMBERS OF THE BOARD FROM: BARBARA ZEID LEIBOLD, CITY ATTORNEY DATE: JANUARY 11, 2005 SUBJECT: EMPLOYMENT AGREEMENT FOR INTERIM CITY MANAGERlINTERIM EXECUTIVE DIRECTOR BACKGROUND In connection with City Manager Watenpaugh's retirement, the City Council and Redevelopment Agency Board directed the City Attorney to prepare an agreement setting forth the terms under which Community Development Director Bob Brady will serve as Interim City Manager and Interim Executive Director. n DISCUSSION ("1 \ I ~ A draft Employment Agreement prepared by the City Attorney will be reviewed by the City Council in closed session and entered into the record of the regular City Council meeting prior to Council action on this item. The draft Employment Agreement provides that Mr. Brady will serve as Interim City ManagerlExecutive Director for the lesser of 6 months or until a permanent City ManagerlExecutive Director is employed by the CitY. Mr. Brady will also retain his responsibilities as Director of Community Development. FISCAL IMPACT The draft Employment Agreement establishes compensation for the Interim City ManagerlExecutive Director based on the top pay grade for an Assistant City Manager at the City, plus 5%. The additional incremental compensation received by Mr. Brady for serving dual roles as Community Development Director and Interim City Managerwill be far less than the costs associated with recruiting and hiring an outside Interim City Manager. RECOMMENDATION That the City Council and Agency Board approve the Employment Agreement and authorize the Mayor and Chairperson to execute the same. AQENDA ITEM NO. 3 Y ""'" PAGE \ OF ).. -- pREPARED AND APPROVED BY: Barbara Leibold, City Attomey APPROVED FOR USTING BY: 'l!k.~ Ad" City anager's VIIlce c..,. u u U A~A. 'lEM NO.~ "p,..GE. ?-_OLf)..... - - (\ (\ (\ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: DICK WATENPAUGH, CITY MANAGER DATE: JANUARY 11,2005. SUBJECT: City Council Committee Appointments BACKGROUND Annually, the Mayor, with concurrence fromthe City Council, appoints new representatives and liaisons to standing committees. . DISCUSSION Attached for the Council's review is a list of the current City Council Committee appointees and alternates. It should be noted that the Downtown Merchant's Association has requested that no liaison be appointed by the Council. Additionally, the Elsinore Water District was not initially in support of a Council liaison, so you may want to reconsider that appointment as well. For the balance of the positions, the Mayor and City Council should discuss each committee and appoint a new appointee or reinstate the existing representatives. There may be other committees on which the City Council is participatory, but have not formally appointed representatives; and these should also be discussed for formal appointments. FISCAL IMPACT None. AGENDA ITEM. NO. 3 5 PAGE-L- OF ;, RECOMMENDATION u It is recommended that the Mayor and City Council discuss and reappoint representatives for Calendar year 2005 to the appropriate Committees. PREPARERDY, ~f& ~LJ . . VICKI KAS D, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR APPROVED FOR :t2t ~ .. AGENDA LISTING: ~ ~A<)!J' , '.' DlCKWATENPAUGH, TYMANAGER u I I -t' , . I U AENDA ITEM NO. <:) S "PAGE ~ OF ~.. CITY OF LAKE ELSINORE CITY COUNCIL COMMITTEE APPOINTMENTS ('\ California Joint Powers Insurance Authority - Meets Annually in July Habitat Conservation Agency Chamber of Commerce - EDC General Board Meeting - Last Monday of every month at 5: I 5 p.m. EDC Lunch 2nd Thursday of every month at 11 :30 a.m. Riverside Transit Agency ($100/mlj' Stipend - $400/mo. max.) Meets 2n Wednesday of every month at 2 p.m. Riverside County Transportation Commission ($100/mtg. Stipend - $400/mo. max.) Meets 2nd Wednesday at 9 a.m. ~estern Riverside Council of jovernments ($50/mtg. Stipend) Meets 1 st Monday of every month at 3 p.m. Lake Elsinore/San Jacinto Watershed Authority - Meets 3rd Thursday at 3 p.m. Crime Free Multi-Family Housing Project Meets as needed. Elsinore Valley Arts Network Meets 1 st Thursday of every month at 7 p.m. Northwest Mosquito Control District Meets 3rd Thursday of every month at 3 p.m. Liaison to County Homeless Committee Liaison to Downtown Merchants Association Liaison to Lake Elsinore Animal Friends ~ocial Services Organization Liaison ( \HOPE, Historical Society, Friends of the Library) Liaison to Elsinore Water District Appointee Genie Kelley Bob Schiffner Daryl Hickman Daryl Hickman Bob Magee Tom Buckley Bob Schiffner Genie Kelley Genie Kelley Tom Buckley Daryl Hickman Peter Weber Bob Magee Genie Kelley Daryl Hickman Alternate Bob Schiffner Bob Magee Peter Weber Bob Schiffner Bob Schiffner Bob Schiffner Genie Kelley Daryl Hickman Daryl Hickman Bob Magee A~~tI!MQIM. 35 " PAGE.....:LOF .3