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HomeMy WebLinkAbout02-22-2005 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 22, 2005 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5 :00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Finance Manager Magee, Public Works Manager Payne, Recreation/Tourism Manager Fazzio, Parks & Open Space Manager Fazzio, Planning/Code Enforcement Manager Villa, Building & Safety Manager Chipman, Engineering Manager Seumalo, and Deputy City Clerk Ray. CLOSED SESSION A. PUBLIC EMPLOYMENT - City Manager. (F:46.1) B. CONFERENCE WITH LEGAL COUNSEL - EXISTING L TIGA TION - Larios v. Santiago, Riverside Superior Court Case No. TEC 058066. (F:40.1)(X:52.2) C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR- Property: A.P.N. 377-180-037 (Silver StreetlMinthom Street) Page Two - City Council Minutes - February 22, 2005 - Negotiating Parties: City of Lake Elsinore and Redevelopment Agency of the City of Lake Elsinore. Under Negotiation: Terms. (F:40.1 )(X:48.1) THE REGULAR CITY COUNCIL MEETING WAS RECESSED at 6:00 P.M. RECONVENE PUBLIC SESSION (7:00 P.M.) Mayor Magee reconvened the Regular City Council Meeting in Public Session at 7 :00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE - ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Finance Manager Magee, Public Works Manager Payne, RecreationlTourism Manager Fazzio, Parks & Open Space Manager Fazzio, Planning/Code Enforcement Manager Villa, Building & Safety Manager Chipman, Engineering Manager Seumalo, and Deputy City Clerk Ray. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Planning Commission Chairman Ron LaPere. INVOCATION - MOMENT OF SILENCE PRAYER Mayor Magee led the meeting in a moment of silent prayer. - Page Three - City Council Minutes - February 22, 2005 PRESENTATIONS/CEREMONIALS a. Proclamation-Pastor Fred Rodriguez. (F:122.1) Mayor Pro Tern Schiffner presented the Proclamation to Pastor Rodriguez. Pastor Rodriguez thanked the Mayor and City Council for the proclamation he was presented. He indicated that the leadership of the City was admirable and indicated that his church was praying for each and every Councilmember; and that God would continue to give them wisdom in leading the community b. Presentation-RDA Committee Member Wilsey. (F:134.1) Mayor Magee indicated that Rita Wilsey was a long time resident of the Elsinore Valley, business owner, and advocate for the City. He indicated that her late husband Al Wilsey served on the Planning Commission with great distinction for more than a decade. Mayor Magee explained that Rita Wilsey volunteered to be on the Redevelopment Agency Committee. He indicated that she had recently submitted her resignation. Mayor Magee presented her with a Certificate of Recognition. Rita Wilsey thanked Mayor Pro Tern Schiffner and the City Council for the opportunity to serve on the Committee. c. Proclamation-100th Anniversary - Rotary International. (F: 122.1) Mayor Magee read and presented the proclamation to Lake Elsinore Rotary Club. Each Rotary member introduced themselves and highlighted their involvement in the Community. CLOSED SESSION REPORT City Attorney Leibold commented that the City Council met in Closed Session. She indicated that Item A had no reportable action, although there was an open Page Four - City Council Minutes - February 22, 2005 - session Item No. 36 in connection with the hiring of a recruiting firm to seek and recruit a permanent City Manager. City Attorney Leibold indicated that Item B - Larios v. Santiago, City Council voted unanimously to approve a Settlement Agreement. She further indicated that the Settlement Agreement provided that the plaintiff would dismiss the City without any liability, so it would be at no cost to the City. She indicated that the City was improperly named a party and the City was agreeing not to pursoo a reimbursement of its costs, as the City did not incur a cost, it was covered by the J oint Powers Insurance Authority and their recommendation was to move forward with the settlement. City Attorney Leibold indicated that Item C had no reportable action. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Paula Graver, Lake Elsinore, commented that on March 12th they would be celebrating the two year anniversary of the "Support the Troop Rallies". - Dick Knapp, commented that the City was going to flood. He requested that Council contact County Flood Control to have the Wasson Creek basin cleaned out before the next rain storm came. He indicated that he had contacted the County Flood Control in regard to the catch basin. Mayor Magee informed everyone that he had received 27 requests to speak on Item No. 35 - Lake Elsinore Rental Housing Safety program. Mayor Magee with the approval of the Councilmembers suggested hearing Item No. 35 after the Consent Calendar. City Council concurrence was obtained. CONSENT CALENDAR MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4-0-1 WITH MAGEE ABSTAINING FROM VOTE ON ITEM 10 TO APPROVE THE CONSENT CALENDAR AS PRESENTED. - Page Five - City Council Minutes - February 22, 2005 1. The following Minutes were approved: (F:44.4) a. Joint City Council/Redevelopment Agency Study Session - January 20, 2005. b. Joint City Council/Redevelopment Agency Study Session- January 25, 2005. 2. Ratified Warrant List for February 15,2005. (F:12.3) 3. Received & Filed corrected Investment Reports for: (F: 12.5) a. July, 2004 b. August, 2004 c. September, 2004 d. October, 2004 e. November, 2004 f. December, 2004 4. Rejected and referred Claim No. 2005-8 from Yvette D. Fuentes to Claims Administrator for handling. (F:52.2) 5. Approved waiver of formal bid process for additional purchase of Rip-Rap Rack for Levee repair. (F:92.1) 6. Granted the exemption to bid procedures for City Hall. (F:50.1) 7. Granted the exemption to bid procedures for the purchase of the G.I.S. Division Trailer. (F:50.1) 8. Approved contract and authorized the City Manager to sign contract with P.M. Services for professional engineering services. (F:68.1) Page Six - City Council Minutes - February 22, 2005 - 9. Approved the agreement and authorized the Mayor to sign the agreement with Centex Homes for reimbursement of drainage and street improvements costs for the construction of master planned storm drain facilities and traffic improvement fund projects within the Ramsgate Specific Plan Area. (F:68.1 )(X: 150.2) 10. Approved the Final Map 25478 subject to City Engineer's acceptance. (F: 160.2) 11. Approved Quitclaim Deed for a remnant portion of Railroad Canyon Road. (F: 132.1)(X: 156.1) BUSINESS ITEM 35. Lake Elsinore Rental Housing Safety Program - Ordinance No. 1140. (F:87.1) City Manager Brady gave an overview of the item. He indicated that the program was not intended to require units to be brought up to the existing building codes and regulations. He indicated that the intention of the program was to inspect housing units to ensure they were in compliance with minimum standards in terms of health and safety standards. - Councilman Buckley indicated that during the 4:00 p.m. Study Session it was a clear unanimous sense with the Council that this item was a no go. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO REJECT THE ORDINANCE AS PROPOSED; AND DIRECTED STAFF TO CREATE RENTER RIGHTS/LANDLORD RIGHTS PAMPHLETS TO BE HANDED OUT TO LANDLORDS TO BE DISTRIBUTED TO RENTERS, AS A REQUIREMENT FOR ALL LANDLORDS TO DO SO. THE CITY REINVIGORATES THE MULTI- FAMILY CRIME FREE HOUSING PROGRAM. STAFF RESEARCHES ADDITIONAL CODE ENFORCEMENT AND SIGNIFICANTLY INCREASES FINES. - Page Seven - City Council Minutes - February 22, 2005 Councilwoman Kelley indicated that her intention was to pull the agenda item off to have a Study Session in the future, but she was satisfied with the motion made by Councilman Buckley. Mayor Pro Tern Schiffner indicated that he felt majority of the Council was in favor of a program that would protect the renter. He suggested putting the item to rest at this time. Councilman Hickman indicated that Code Enforcement needed more power. He indicated that he was not in favor of the program the way it was written; and he was not there to tax the rental property owners. Mayor Magee indicated that the program represented an arbitrary unappealable application of fee which was a tax. He indicated that he could not support a tax on business which would then be passed along to the resident in an increase in their monthly rent. He indicated that there were already mechanisms in place to protect Lake Elsinore renters. Elizabeth Ferguson, 15177 Lincoln Street, Lake Elsinore, suggested implementing the Multi-Family Crime Free Housing Program in Lake Elsinore. She indicated that she had visited the Lake Elsinore Police Department to have it implemented into her property and did receive a response. She requested a point of contact to receive more information on the program. City Manager Brady indicated that there was a plan in the works to get another training session for the program and staff would notify rental property owners that left contact information. Bud Attridge, Lake Elsinore, thanked Council for rejecting the Ordinance. Dale Hite, 115 N. Kellogg, suggested an alternative to the approved the motion. He suggested giving the landlords voluntary inspections and issuing a grade similar to that of the restaurant industry. Page Eight - City Council Minutes - February 22, 2005 - Norm Gritton, 27245 Highway 74, commended Council on making the right decision. He indicated that the City of Riverside had gone through a similar issue. He indicated there were already things in place to protect renters. City Manager Brady announced that the next Multi-Family Housing Crime Free Program would be held at the Cultural Center, 183 N. Main Street, at 8:00 a.m., March 17th. He suggested that if there was anyone that would like to attend they should contact City Hall. PUBLIC HEARING 21. Tentative Parcel Map No. 31901 - D&D Cattle, LLC - Collier Avenue between Central Avenue and Chaney Street. (F: 11 0.2) City Manager Brady gave an overview of the item. Mr. Brady deferred to Planning/Code Enforcement Manager Villa. Mr. Villa gave an in depth review of the item. He indicated that the property was currently under construction. He indicated the applicant had agreed to all of the conditions of approval. - MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE TENTATIVE PARCEL MAP 31901. BASED ON THE EXHIBITS AND FINDINGS, BASED ON THE FINDINGS AND EXHIBITS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of Tentative Parcel Map No. 31901, which action is bought within the time period provided for in California Government Code Sections 65009 and/or - Page Nine - City Council Minutes - February 22, 2005 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. 2. Tentative Parcel Map No. 31901 will expire two (2) years from date of approval unless within that period of time an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and the LEMC. 3. The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 4. Prior to final certificate of occupancy of the Tentative Parcel Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 5. All lots shall comply with minimum standards contained in the LEMC. 6. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 7. The applicant shall comply with all conditions of the Riverside County Fire Department. 8. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 9. The applicant shall comply with the following City programs: the City Page Ten - City Council Minutes - February 22, 2005 - Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 10. Prior to issuance of building permit, the applicant shall submit a letter of verification (will-serve letter) to the City Engineer, for all required utility servIces. 11. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 12. The Multiple Species Habitat Conservation Fee (MSHCP) will be due upon issuance of each building permit. 13. The applicant shall pay all applicable fees including park fees. - 14. The applicant shall meet all requirements of the providing electric utility company. 15. The applicant shall meet all requirements of the providing gas utility company. 16. The applicant shall meet all requirements of the providing telephone utility company. 17. A bond is required guaranteeing the removal of all trailers used during construction. 18. Prior to issuance of a certificate of occupancy, the applicant shall prepare and record CC&R's against the commercial manufacturing business park requested herein. The CC&R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC&R's shall include methods of maintaining common areas, parking and - Page Eleven - City Council Minutes - February 22, 2005 drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, CC&R's shall established methods to address design improvements. 19. Each building owner shall have full access to commonly owned areas (parking), facilities and utilities. 20. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. ENGINEERING 21.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 22. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 23. The Traffic Mitigation Fee is $25,150, the Drainage Fee is $4,175 (Warm Springs East District), the K-Rat Fee is $910 and the TUMF is $23,300 if building permits are obtained on/after July 1, 2004. 24. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 25. Dedicate a 5 ft. wide strip of additional street right-of-way along the frontage of Collier Avenue to the City prior to final map approval. Page Twelve - City Council Minutes - February 22, 2005 - 26. Sidewalks, with handrail, will be required to be constructed along Collier Avenue. 27. If the existing street improvements are to be modified, the existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. An encroachment permit will be required to do the work. 28. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 29. All parcels shall have direct access to public right-of-way or be provided with a minimum 26-foot ingress and egress easement to public right-of-way with no on-street parking from the tract boundaries to Minthorn Street by separate instrument or through map recordation. - 30. The 26 foot easement for access to Parcel Map 31901 must be approved by the Riverside County Fire Department prior to final map approval. 31. Riverside County Fire Department must approve easement widths and turning radii within the site prior to final map approval. 32. The 26 foot ingress/egress easement to Chaney Street must exit onto Chaney Street at least 200 feet from the intersection of Chaney Street and Collier Avenue. 33. Developer shall contribute $4,600 for the design and construction of the landscaping for one-half of a "raised landscaped" median along the frontage of Collier Avenue prior to issuance of a certificate of occupancy. 34. Provide reciprocal access easement to PM 21297. 35. Applicant shall install street lights consistent with City Standards along Collier Avenue. _ Page Thirteen - City Council Minutes - February 22, 2005 36. Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 37. Applicant shall construct public improvements or enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 38. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 39. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ~" X 11 II Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 40. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 41. 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. 42. Provide fire protection facilities as required in writing by Riverside County Fire. 43. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 44. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. Page Fourteen - City Council Minutes - February 22, 2005 - 45. Applicant shall submit a traffic control plan showing all traffic control devices for the project to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 46. All improvement plans and maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 47. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 48. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California 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. - 49. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 50. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 51. 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 feet in height shall be contoured. _ Page Fifteen - City Council Minutes - February 22, 2005 52. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 53. 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". 54. 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. 55. The site is in the Flood Zone AO; FIRM Map 0606362062F Revised August 18, 2003 and building pads shall be constructed 1 foot above existing adjacent grades. 56. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 57. Meet all requirements ofLEMC 15.68 regarding floodplain management. 58. The applicant to provide FEMA elevation certificates prior to certificate of occupanCIes. 59. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 60. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. Page Sixteen - City Council Minutes - February 22, 2005 - 61. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 62. Ten 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. 63. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 64.Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 65. 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 an S WPPP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. - 66. 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 Drainage Area Management Plan. 67. Applicant shall provide first blush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. - Page Seventeen - City Council Minutes - February 22, 2005 68. Parking lot and roof runoff must go through a filtering system before draining to the public maintained storm drain and or provide permeable parking lot gutters. 69.Applicant shall cause to be recorded a CC&R's with recordation of final map which provides for irrevocable reciprocal parking, circulation, loading and landscape maintenance easement in favor of all lots subject to the approval of the director of Community Development & the City Attorney. The CC& R's shall enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage. 70.1n 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, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 22. Declaration of Weeds. Rubbish. Refuse and Dirt as a nuisance - property owners to be notified - Resolution No. 2005-15. (F:166.1) City Manager Brady gave an overview of the item. Mr. Brady deferred to Parks & Open Space Manager Fazzio. Mr. Fazzio gave a more in depth review of the item. Mayor Magee opened the public hearing at 7 :40 p.m. Mayor Magee closed the public hearing at 7 :44 p.m. Councilman Hickman noted the number of vacant property owners; and he further noted that it cost over $3,500 in postage. Councilman Hickman indicated that Mr. Fazzio handled this issue last year efficiently and professionally; and suggested that the mailers listed Mr. Fazzio as the contact person. Page Eighteen - City Council Minutes - February 22, 2005 - MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-15: RESOLUTION NO. 2005-15 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING WEED ABATEMENT ASSESSMENT LIENS AND DECLARING THAT CERTAIN WEEDS, RUBBISH REFUSE AND DIRT AS DEFINED IN SECTION 14875 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE CONSTITUTE A NUISANCE AND REQUIRE A NOTICE TO BE GIVEN TO THE PROPERTY OWNER IN ACCORDANCE WITH DIVISION 12, PART 5, CHAPTER 2, OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE AND PROVIDING FOR A HEARING ON OBJECTIONS, TOGETHER WITH FILING OF COST REPORTS AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS. - BUSINESS ITEMS 31. A Resolution of the City Council of the City of Lake Elsinore declaring its Intention to Order Vacation ofa portion of3rd Street. east of Collier Avenue- Resolution No. 2005-14. (F:I0.l) City Manager Brady gave an overview of the item. He explained that it was for installation of a pump station at that location. He indicated that the adjacent property had expressed concerns about the issue. He further indicated that City staff and EVMWD staff had met with the property owner and the applicant (CENTEX Homes). He deferred to Engineering Manager Seumalo. Mr. Seumalo gave a more in depth review of the item. Cheryl KirkPatrick, Attorney at Law, commented that she was representing the adjacent property owner Mr. John O'Doherty. She indicated that her - Page Nineteen - City Council Minutes - February 22, 2005 understanding was that Mr. O'Doherty had not received proper notice of the City Council proceedings or the Intent to Vacate. She also indicated that Mr. O'Doherty indicated that he was told at the last Council meeting he would receive maps and plans; and he had not received those items from the City. She also indicated that Mr. O'Doherty requested no action be taken on this item at this meeting. Mayor Magee requested that Engineering Manager Seumalo give some insight on the meeting with EVMWD. Engineering Manager Seumalo indicated that the meeting took place Monday or Tuesday the previous week; and the attendees were himself, Mr. Holmquist, Mr. Miller, and Mr. O'Doherty. He indicated that they had discussed the vacation of the area away from Collier Avenue towards the freeway right-of- way, two thirds of that area. He indicated that the discussion was due to Mr. O'Doherty's feeling that he was being damaged because of access and aesthetics to his property. He indicated that they also discussed the plans. He noted it was their intent and he believed that Engineering staff had passed on information to Mr. O'Doherty, but he would need to check with staff. He indicated that they were to meet again preferable this week to discuss it further. He indicated that they had every intention of meeting with him and they did. Mayor Magee advised that staff needed to verify that Mr. O'Doherty did receive copies of those engineering documents; he believed it was a good idea to provide him with those documents. He indicated that the item before Council was a notice of intent to vacate and set a Public Hearing one month from today. Mr. Seumalo indicated that there was a Planning Commission Meeting that they would also hear the matter and Mr. O'Doherty would be noticed on that as well. Councilman Buckley indicated that Mr. O'Doherty had left him a voicemail message earlier that day. He indicated that the message indicated Mr. O'Doherty apologized for not being able to attend the meeting and indicated he had not received documents. Page Twenty - City Council Minutes - February 22, 2005 - Mayor Pro Tern Schiffner indicated that he was going to vote no, based on the principal that he was unhappy with the way the situation had been handled. He indicated that the issue had gone too far and Council never had a chance before to make a decision or discuss this with the property owner. MOVED BY HICKMAN, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4-1 WITH SCHIFFNER VOTING NO TO ADOPT RESOLUTION NO. 2005-14: RESOLUTION NO. 2005-14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DECLARING ITS INTENTION TO ORDER VACATION OF A PORTION OF 3RD STREET EAST OF COLLIER AVENUE. - 32. Appointment of General Plan Advisory Committee. (F:83.3) Mayor Magee gave an overview of the item. He deferred to Councilwoman Kelley and Councilman Buckley. Councilwoman Kelley thanked everyone who submitted an application. She indicated they had received over 22 applicants and there was a balance between County and City residents and a balance between large and small business owners. Councilman Buckley echoed Councilwoman Kelley's comments. He indicated that there were 11 appointees and 2 alternates. He indicated that the alternates were expected to attend each of the meetings. Councilman Buckley read the names of the appointees and alternates as follows: - Page Twenty-one - City Council Minutes - February 22, 2005 APPOINTEES Lorraine Watts Charles Shamblin Carol Pollock Carl Johnson Fred Francia Tom Tomlinson Steve Wallace Dr. Anthony Salmon Michael O'Neal John Hamilton Emerson Brigham ALTERNATES Tim Fleming Charlene Cleary MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO RATIFY SUBCOMMITTEE RECOMMENDATIONS. Mayor Magee congratulated the appointees and alternates for the committee; and thanked the individuals who did not get appointed for their concern and offer to volunteer for the community. 33. Request for Proposals: Branding and Public Relations/Marketing Plan. (F:70.1 )(X:44.1) Mayor Magee introduced the item and deferred to Information! Communications Manager Dennis for an overview of the item. Information! Communications Manager Dennis indicated that staff created an RFP which was the item before Council. He indicated that the objective of a branding campaign was to impress the City of Lake Elsinore's identity upon an existing group of potential customers, citizens or clientele. He indicated that this was what made the City distinct in how it carries itself into the future. Councilman Buckley complimented Mr. Dennis on the staff report. He indicated the item was discussed more in detail at the 4:00 p.m. Study Session. Page Twenty-two - City Council Minutes - February 22, 2005 - MOVED BY BUCKLEY, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO ISSUE THE RFP WITH THE MODIFICATIONS MADE AT THE STUDY SESSION AND AS SOON AS THE CHANGES WERE COMPLETE ALLOW FOR DISTRIBUTION; AND APPOINT COUNCILMEMBERS BUCKLEY AND HICKMAN TO SUBCOMMITTEE. 34. Amended Agreement for Campground Concession to include operation of Seaport Boat Launch. (F:68.1)(X:92.1) Mayor Magee introduced the item and deferred to Lake & Aquatic Resources Director Kilroy. Mr. Kilroy gave an in depth overview of the item. He indicated that the Concessionaire showed an interest in operating the boat launch. He further indicated that staff had done a comparison between a City operated facility and an operation by a Concessionaire. He further indicated that regardless of who operates the facility, the City would receive $8 per vessel for the day use pass; and by a Concessionaire operating the facility the City would not pay an operating cost. He also indicated that according to the analysis the City made $10,000 net revenue by allowing a Concessionaire to operate the facility. He indicated that the Concessionaire might be able to increase the use of both facilities by tying them together. - MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE AMENDED AGREEMENT AND AUTHORIZE THE CITY MANAGER TO SIGN. 36. Selection of recruiting firm for City Manager. (F:46.1) Councilman Buckley indicated that seven firms submitted resumes. He indicated that two were selected for interviews - Alliance was selected along with Wilcox, Miller & Nelson. He indicated that the subcommittee did meet with each firm. He indicated that they had offered two distinct concepts. He indicated that the subcommittee selected Wilcox, Miller & Nelson for Council approval. - Page Twenty-three - City Council Minutes - February 22, 2005 Councilwoman Kelley indicated that both firms were impressive. She indicated that she agree with Subcommittee Member Buckley in the selection of Wilcox, Miller & Nelson. Mayor Pro Tern Schiffner clarified for the public that the firm was not going to hire a City Manager, but find qualified candidates and create a list to present to the Council. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE SUBCOMMITTEE RECOMMENDATION TO EXECUTE A SERVICE CONTRACT WITH WILCOX, MILLER & NELSON. 37. Fire Station Naming - Station 94. (F:127.3) City Manager Brady gave an overview of the item. He indicated that the naming committee recommendation was to reflect the geographical location of the Fire Station from a safety stand point that allowed Fire personnel'and residents to know where the station was located. He indicated that they recommended the name be Canyon Hills Fire Station. He further indicated that they recommended that the policy for naming new Fire Stations followed the same reflection of the geographical location the station was in; and for the Rosetta Canyon Fire Station they recommended it be named Rosetta Canyon Fire Station. MOVED BY SCHIFFNER, SECONDED BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE RECOMMENDATIONS MADE BY THE FIRE STATION NAMING COMMITTEE TO NAME STATION 94 - CANYON HILLS FIRE STATION AND THE ROSETTA CANYON STATION TO BE NAMED ROSETTA CANYON FIRE STATION. Page Twenty-four - City Council Minutes - February 22, 2005 - PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Donald Foster, 29256 Northpointe Street commented that he and the residents in his neighborhood needed help in renewing the beauty in their neighborhoods. He indicated that when he bought his home he had to sign CR&R's, which indicated that boats, trailers, recreational vehicles, trash receptacles, and junk in front of the house, it had to be behind a fenced area. He indicated that he had recently had an appraisal done on his home and the appraiser lowered the appraisal for poor appearance of the neighborhood. He indicated that an exact model of his home without a view sold for $50,000 more than their appraisal. He indicated that most of the residents with these issues had received warnings and the warnings were ignored. He indicated that the fines should be increased. He proposed an ordinance to enforce the hour's trash receptacles were allowed in front of homes and to restore and enforce the newer neighborhoods CC&R's as originated. Mayor Magee thanked Mr. Foster for his comments and indicated that he would give his phone number to the City Manager so that staff could do a follow up. - James Bush, 32480 Cape Drive, commented that his rights had been violated in the City of Lake Elsinore. He indicated that he lived in the Serenity tract and KB Homes were starting a building project. He indicated that before the project was built he had gone to the City Planning Department and expressed his concerns and his desire to be involved in the project. He indicated that he was told not to worry he would be sent information and would have an opportunity to be involved in the project. Mr. Bush explained that he was never notified and when things started to unfold he attended another Council Meeting and requested to be involved again. He indicated that he was promised that he would be allowed to be involved and his rights would not be violated; and his name would be put on the mailing list and the information would be sent to him. He further indicated that now there was a house built along the side of his home and when he came out his front door or looked out his windows, what used to be a beautiful view of the mountains was now the sight of a house, a garage and an electric meter. He noted that he was not given the opportunity to be a part of the project and everything seemed to have been - Page Twenty-five - City Council Minutes - February 22, 2005 approved and moving forward. He indicated that he was not trying to make enemies, but was asking for help to protect his rights. Mayor Magee commented that Council would ask staff to meet with Mr. Bush to discuss the project and what was approved and try to determine why he was left off the list. Mayor Magee apologized to Mr. Bush and requested that if Mr. Bush had not received a call by the end of the week he contact him directly. Mr. Bush indicated that he had contacted the superintendents of the project and they came to his home and they apologized and told him they would talk to their people. He was assured that they would do what was necessary to ensure this issue was taking care of. He indicated that they gave him a contact number and he had called and had not received a response at this time. Dave Sapp, Community Services Director, announced the new recreation brochure. He listed some of the programs in the brochure. He also announced the Easter Egg Hunt & Children's Fair on March 26. CITY MANAGER COMMENTS No comments. CITY ATTORNEY COMMENTS City Attorney Leibold indicated that during the motion for Item No. 36 there was not a dollar amount announced. Councilman Buckley indicated that it was a total of $18,000. COUNCILMEMBER COMMENTS Councilwoman Kelley commented on the following: 1) Thanked everyone that applied for the General Plan Committee. Page Twenty-six - City Council Minutes - February 22, 2005 - Mayor Pro Tern Schiffner commented on the following: 1) Thanked the rental property owners for their attendance. Councilman Hickman commented on the following: 1) Congratulated Alicia Deseola on being the only student from Elsinore High School along with 19 other students in the Inland Valley for a trip to Europe. He indicated that there was a fund raiser for her at Annie's to pay for some of the expense. Councilman Buckley had no comments. Mayor Magee commented on the following: 1) The subcommittee for the benefit audit met and distributed the draft benefit audit to the balance of the Council, City Manager, City Attorney's Office; and had requested input from the Council. He requested that the balance of the Council contact a member of the subcommittee to add input. He requested the item be put on the March 22nd Agenda. - 2) He commended the Lake Elsinore Police Department for the apprehension of a criminal that had been involved in several criminal acts in the Downtown area. 3) Commended the City crews for their work during the recent storms. He indicated that it was a thankless job and they were doing a great job of maintaining the potholes and dealing with other issues. 4) Requested that residents contact the Public Works Department at (951) 674- 5170 if they were experiencing flood issues. He noted that there were ready made sand bags available. 5) Announced the following upcoming events: - Page Twenty-seven - City Council Minutes - February 22, 2005 February 26th Lake Elsinore Girls Softball opening day, 9 am, Tuscany Hills Park February 26th Sow the Seeds Fundraiser Breakfast, Community Connections, lOam, Ortega High Schools February 2th Lake Elsinore Storm Job Fair, Diamond Stadium, call (951) 245- HITS for the time March 5th Lake Elsinore Little League opening day and dedication ceremony for the new concession facility, 9 am, Swick-Matich Park March 5th Household Hazardous Waste collection, 9 am - 2 pm, 521 Langstaff March 6th Open Air Market, Downtown Main Street, 9 am - 3 pm ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:30 P.M. ,MAYOR CITY OF LAKE ELSINORE fully submitted, / ~uty City Clerk A(rTES... T: \ (, ~/ ) I, ,-, ' /J ~~iV..kC VICKI ~1\D, CiTY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE