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HomeMy WebLinkAbout03-09-2004 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 9, 2004 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5: 16 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, And 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, Information/Communications Manager Dennis, Public Works Manager Payne, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~54956.8) (F:40.1) Property: Assessor Parcel Numbers 347-330-045, 347-330-046, 347-330- 051,347-330-50,347-330-052,347-330-053, 347-330-019, 347-360-004, 347-360-005,347-360-03,347-250-006, 347-250-007; 347-250-008, 347- 350-003; 347-350-014; 347-350-015; 347-360-006 and 347-360-007 Page Two - City Council Minutes - March 9, 2004 - Negotiating parties: Wasson Canyon Investments, L.P., A California Limited Partnership, South Shore Properties, LLC, a Nevada limited liability company, the Treasurer of the County of Riverside and the City of Lake Elsinore Under negotiation: terms of payment B. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b)(3)(C) ofGov't Code Section 54956.9. (1 Case) (F:40.1)(X:52.1) City Attorney Leibold announced the Closed Session Items as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:18 P.M. The Closed Session discussion was completed at 6:55 p.m. - RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Buckley reconvened the Regular City Council Meeting in Public Session at 7 :09 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Diane Sessions, representing Southwest Riverside Economic Development Council. INVOCATION - MOMENT OF SILENCE Mayor Buckley led the meeting in a moment of silent reflection. PRESENTATIONS/CEREMONIALS a. Proclamation - Beverly Mumphrey. (F:122.1) - Page Three - City Council Minutes - March 9, 2004 Mayor Buckley read and presented the Proclamation to Beverly Mumphrey, recognizing her contributions and efforts on behalf of HOPE. Mrs. Mumphrey commented that it did not seem right to get an award for doing the work she loved. She stressed the dedication of all of the HOPE volunteers. b. Proclamation - Connie Whittaker Memorial. (F:122.1) Mayor Buckley read and presented the Memorial Proclamation for Connie Whittaker to Donna Morin. Ms. Morin indicated that she was proud to accept the Proclamation on behalf of Connie, her friends and the organizations she worked so hard to assist, and noted that she would be sorely missed. c. Proclamation - Burger King. (F: 122.1 ) Mayor Buckley read and presented the Proclamation to Oscar Obligacion, Manager of Burger King and recognized his assistance with the Support the Troops rallies. Mr. Obligacion thanked the City and indicated that Burger King would do all they could to assist in supporting the troops. d. Proclamation - Lake Elsinore Elk's Lodge - 25th Anniversary. (F:122.1) Mayor Buckley read and presented the Proclamation commemorating the 25th anniversary of the Lake Elsinore Elk's Lodge to Councilman Hickman on behalf of the Elks. Councilman Hickman accepted the Proclamation and noted that he had been a member for about five years. He commented that he joined the organization due to his appreciation of the charity work they do for children. He thanked the Council for this recognition and noted that the actual ceremony would be next Tuesday. CLOSED SESSION REPORT City Attorney Leibold reported that the City Council met to consider the two items Page Four - City Council Minutes - March 9, 2004 - as listed on the agenda, with no reportable action. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Robert Askins, 16899 Sannelle Street, requested that the City Council consider naming the fishing beach area in memory of Bill "Whiskers" Tucker, noting that he had about 200 signatures in support of that request. He stressed Mr. Tucker's generosity to the community. Mayor Buckley requested that the petition be presented to the City Clerk. Donna Morin, representing the Historical Society, thanked the Elsinore Valley Municipal Water District for their generous donation to the Historical Society toward renovation of the Cultural Center basement. Lorraine Watts, 210 N. Scrivener, noted that she had missed a couple of meetings, but listening to the meetings at home was quite a chore. She indicated that the - audio of the meetings was horrible, and tall people at the podium could not be heard at all. She expressed hopes that the sound issues could be corrected, so the meetings could be heard at home as welL CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4, 5, and 7. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. City Council Study Session - January 29, 2004. - Page Five - City Council Minutes - March 9, 2004 b. City Council Study Session - February 19,2004. c. City Council Study Session - February 24, 2004. d. Regular City Council Meeting - February 24, 2004. (F:44.4) The following Minutes were received and ordered filed: e. Planning Commission Meeting - February 17,2004. (F:60.3) 2. Ratified Warrant List for February 26, 2004. (F: 12.3) 3. Received and ordered filed the Investment Report for January, 2004. (F: 12.5) 6. Awarded Bid Award for Motor Control Centers to Brewster Electric, in the amount of$65,292. (F:68.1)(X:92.1) 8. Award Bid for the 2003/2004 Equipment Replacement Program for two Tractors to Cook Equipment, in the amount of a $3,251.50/month lease. (F:68.1 )(X:48.1) 9 . Awarded Bid for the Contract of Asphalt Maintenance to Hardy & Harper, in the amount of$72,100. (F:68.1)(X:156.1) 10. Awarded Bid for the Contract for Curb, Gutter & Sidewalk Maintenance to NPG Corporation, in the amount of$6,750. (F:68.1)(X:146.1) 11. Awarded Bid for the Contract for Unpaved Road Maintenance to Hardy & Harper, in the amount of$5,920. (F:68.1)(X:156.1) PUBLIC HEARINGS 21. Tentative Tract Map 32008 - Lakeshore Village Specific Plan - Corman Leigh Communities. (F:160.2) Mayor Buckley opened the public hearing at 7 :20 p.m. Page Six - City Council Minutes - March 9, 2004 - Community Development Director Brady explained this item, noting the Specific Plan approval in 2003. He detailed the location of the project near Four Corners, and noted that this was the Tentative Map for a portion of the Specific Plan. He advised that the tract would be divided into 170 lots averaging just over 4,000 square feet, and two commercial lots. He explained that the Specific Plan standards had been adopted previously and noted that there were only minor concerns and issues with the adjacent business owner, which had been addressed by staff. Chuck Treatch, representing Corman Leigh Communities, indicated that he was present to answer questions regarding the proj ect, and advised that they were in concurrence with the proposed Conditions of Approval. Mayor Buckley asked those persons interested in this item to speak. The following person spoke: - Planning Commissioner Dan Uhlry, 103 W. Flint St., noted that this item was before the Planning Commission and he had met with Mrs. Wilsey and the developer on site to walk the property lines and discuss the concerns. He indicated that all parties now felt the buffer between the project and the adjacent business were sufficient to address the concerns. Mayor Buckley closed the public hearing at 7 :24 p.m. Councilman Magee commended Commissioner Uhlry for his diligence in meeting on the site with the property owners; and noted the presence of Mrs. Wilsey at this meeting. He commented that the developer was taking a chance with this challenging piece of infill development; and indicated that they had come up with a design to compliment the site. He indicated that while there were lots as small as 3,800 square feet, it fit the neighborhood and he was very much in favor of it. Councilman Hickman noted that the project would be a private community with a homeowners association to maintain the roads, park clubhouse and - Page Seven - City Council Minutes - March 9, 2004 pools. He expressed support of the project. Mayor Pro Tern Kelley inquired about the time line for the development. Mr. Treatch indicated that they would start work on the working drawings tomorrow and it would in plan check in six to eight weeks. He further indicated that they would hope to have the grading permit by August 1St, and in design review in the next 30 days. He suggested that they would be starting models in late September. Mayor Pro Tern Kelley questioned if they would be putting signage on the property of what was to be developed. Mr. Treatch confirmed. Mayor Pro Tern Kelley reiterated that it would be a gated project, with a Homeowners Association, and detailed the amenities. She commented that it was a very desirable project and she felt it would sell quickly. She inquired into the possible costs of the homes. Mr. Treatch indicated that they were anticipated to go for about $250,000, but that could change by September. Councilman Schiffner commented that most people in Lake Elsinore were divided on the subject of development, but the majority favored development. He indicated that he supports development and envisions Lake Elsinore as a place where everyone in California will like to live. He commented that this was an outstanding project, on land that has been vacant for a long time. He noted that it would be a nice community with small lots and a level of security with the gated concept. He commented that it was an outstanding project and they had made changes to accommodate the potential problems. Mayor Buckley noted that he had previously voted against this project, but commended Corman Leigh for working with the property owners and staff on the modifications. He indicated that the lot sizes were a little bigger and Mrs. Wilsey was happy. He questioned the traffic signal. Community Development Director Brady indicated that the traffic signal was required across from Stater Brothers. Mr. Treatch confirmed that the traffic signal would be in line with the main entry to this project and the driveway at Stater Brothers. Mayor Buckley inquired when the traffic signal would be Page Eight - City Council Minutes - March 9, 2004 - installed. Mr. Treatch indicated that it would be installed by 20% build out, which would probably be the first quarter of next year. Mayor Buckley indicated that he would not be voting against the project, but he was not in favor of it, due to the lots being smaller than 5,000 square feet. He commended them on their efforts to work with the community. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4 TO 0 WITH BUCKLEY ABSTAINING TO APPROVE TENTATIVE TRACT MAP NO. 32008, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROV AL: FINDINGS 1. TTM No. 32008, together with the provisions for its design and improvement, is consistent with the General Plan and the Lakeshore Village Specific Plan. - The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project is consistent with the designated land use planning areas, development and design standards, and all other appropriate requirements contained in the Lakeshore Village Specific Plan, General Plan, and City Municipal Code. 2. The effects that TTM No. 32008 are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. The project is consistent with the City's General Plan and Lakeshore Village Specific Plan, will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. - Page Nine - City Council Minutes - March 9, 2004 3. The design of TTM No. 32008 provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision. (Governmental Code Section 66412.3) The project will comply with all appropriate conservation requirements of the City and Uniform Building Code. CONDITIONS OF APPROVAL - PLANNING DIVISION General Conditions 1. Tentative Tract Map No. 32008 will expire two years from date of approval unless within that period of time a Final Map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. Additional extensions of time (36 months maximum time per the Subdivision Map Act) may be granted per City Council approval. 2. Future development shall comply with those standards and guidelines contained in the Specific Development Plan, Circulation Plan, Infrastructure and Public Facilities Plan, Development Regulations, Design Guidelines, and Implementation Plan, and conditions of approval established with the 2003 Lakeshore Village Specific Plan. 3. Tentative Tract Map No. 32008 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the Lakeshore Village Specific Plan document and the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 4. The applicant shall participate in the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate. 5. The applicant shall provide all project-related onsite and offsite improvements as described in the Lakeshore Village Specific Plan document and Tentative Page Ten - City Council Minutes - March 9, 2004 - Tract Map No. 32008. 6. The applicant shall implement those mitigation measures identified in the 2003 Lakeshore Village Mitigated Negative Declaration and Mitigation Monitoring Program. 7. All future proposals shall be reviewed by the City on a project-by-project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 8. 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 the Lakeshore Village Specific - Plan, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the applicant of any such claim, or proceeding, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 9. Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and construction activity. Site preparation activity and construction shall not commence before 7 :00 AM and shall cease at 5 :00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. 10. The applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. - Page Eleven - City Council Minutes - March 9, 2004 Prior to Final Tract MaD ADDroval II.All lots shall comply with applicable standards contained in the Lakeshore Village Specific Plan document, LEMC, or Zoning Code. I2.A precise survey with closures for boundaries and all lots shall be provided per the LEMC. I3.Street names within the subdivision shall be approved by the Community Development Director or Designee. I4.All of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. I5.Future construction shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the County Fire Department (refer to attached). 16. The applicant shall annex into the City-Wide Community Facilities District for Police, Fire, and Paramedics (CFD 2003-01). I7.Prior to approval of the Final Map or if deemed appropriate by the Engineering Manager, prior to issuance of building permit, the applicant shall initiate and complete the formation of a Homeowner's Association, approved by the City, recorded, and in place. All Association documents shall be approved by City Planning and Engineering and the City Attorney and recorded, such as the Articles of Incorporation for the Association; and Covenants, Conditions and Restrictions (CC&Rs). At a minimum, the CC&Rs shall include language to ensure the following conditions: · The HOA shall maintain landscaping along parkways and project streets, recreational facilities, walkways, and drainage improvements. . The HOA shall maintain all streets, entry gates, walls, and monumentation. Page Twelve - City Council Minutes - March 9, 2004 - . The HOA or a separate independent security patrol shall be responsible for enforcing the on-street parking on only one side of those affected project streets that are identified in the Lakeshore Village Specific Plan. Prior to Desi!!n Review Approval 18.All future structural development associated with the Lakeshore Village Specific Plan and TTM No. 32008, including building designs, recreational facilities, landscaping improvements, site plans, etc. shall require separate Design Review approval, as appropriate. 19. The applicant shall provide all recreational facilities and amenities including play equipment found at the proposed play lots. 20.Prior to Design Review approval, the applicant shall show how the following fire mitigation measures are met: - · The applicant shall participate in the Development Impact Fee Program as adopted by the City of Lake Elsinore, as appropriate. · All water mains and fire hydrants shall be constructed in accordance with Riverside County Ordinance No. 460 and/or No. 787.1. · Prepare a Fire ProtectionIV egetation Management Plan for Fire Department approval. · The Homeowner's Association shall be responsible for implementing the Fire ProtectionIV egetation Management Plan. · The project shall provide an alternate or secondary access. Prior to Gradin!! Permit Issuance 21.The applicant shall obtain all necessary State and Federal permits, approvals, or - Page Thirteen - City Council Minutes - March 9, 2004 other entitlements, where applicable, prior to each phase of development of the project. 22.Prior to the issuance of any grading permits, the applicant shall submit a final grading plan, subject to all requirements of the City Grading Ordinance to the Engineering Manager for approval. Said grading plan shall address those grading standards and guidelines contained in the Lakeshore Village Specific Plan document. 23.Grading shall not be permitted outside the area of the designated project boundary unless appropriate approvals have been obtained. 24.Grading easements shall be coordinated with affected property owners. 25.Prior to issuance of a grading permit, grading and construction plans shall incorporate erosion control measures. 26.Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the Engineering Manager and the Planning Division. Analysis of impacts of fills and cuts greater than 60 feet shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100 percent for material and labor for one year for erosion control landscaping at the time the site is rough graded. Prior to Buildinf! Permit Issuance 27.The applicant shall enter into an agreement with the Redevelopment Agency, acceptable to Agency Counsel, to either provide affordable units in accordance with Section 33413 (b) (2) of the California Community Redevelopment Law, appropriate in-lieu fees, or a combination of both. Page Fourteen - City Council Minutes - March 9, 2004 - 28. The applicant shall pay all appropriate traffic impact mitigation fees. 29.The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 30.Prior to issuance of building permit, the applicant shall submit a letter of verification (will-serve letter) to the Engineer Manager, for all required utility servIces. 31. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 32. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building - permits. 33.Pay all applicable fees including park fees. 34. The applicant shall provide connection to public sewer for each lot within any subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 35.The applicant (master developer) shall prepare a Community-Wide Wall Plan for the entire TTM No. 32008 area. 36.Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan for the Detached Single-Family Residential Planning Area addressing the following: · Show that a decorative masonry block wall shall be constructed along all - Page Fifteen - City Council Minutes - March 9, 2004 boundaries of the Detached Single Family Residential Planning Area of the TTM 32008 site. · Show materials, colors, and heights of side yard fences for proposed lots. · Show that all front return walls shall be decorative masonry block walls. Front return wood fences shall not be permitted. · Show that side walls for comer lots shall be decorative masonry block walls. 37. The applicant shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the applicant and/or the HOA. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 38.The applicant shall meet all requirements of the providing electric utility company. 39.The applicant shall meet all requirements of the providing gas utility company. 40. The applicant shall meet all requirements of the providing telephone utility company. 41.A bond is required guaranteeing the removal of all trailers used during construction. 42.Future signage requires a permit and shall be subject to Planning Division review and approval prior to installation. Prior to Certificate of Occupancv Issuance 43. Throughout construction, as deemed appropriate by the City and the applicant, Page Sixteen - City Council Minutes - March 9, 2004 - fugitive dust suppression along Lakeshore and Walnut Drives, and other connecting roads shall be applied to minimize fugitive dust generation. Fugitive dust suppression techniques may include soil watering, application of soil binders, and/or placement of gravel or other appropriate material to minimize vehicle generated dust. 44.The applicant shall install signs along those appropriate project streets as shown in the Lakeshore Village Specific Plan to ensure parking is permitted on only one side and to prohibit on-street parking. Location of said signs shall require approval by the Engineering Manager. 45. The applicant shall paint the curbs red for those sides of the streets that prohibit on-street parking. ENGINEERING DIVISION - 46.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. 47.All Capital Improvement and Plan Check fees shall be paid (LEMC 16.34, Resolution 85-26). 48.A "Will Serve" letter shall be submitted to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Letter shall be submitted prior to Final Map Approval. 49.All public works improvements shall be constructed per approved street plans (LEMC 12.04 and 16.34). 50.Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds, prior to final map approval. - Page Seventeen - City Council Minutes - March 9, 2004 51.Applicant shall pay all fees and meet requirement of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 51.Applicant shall dedicate right-of-way along Lakeshore Drive consistent with the General Plan Circulation element requirement of 60 ft. half width right-of- way (as measured from the centerline to the project property line) for an urban arterial. 52.Street 'T' (project entrance) shall be opposite the mam entrance to Stater Brother's Shopping Center. 53.Sidewalks on private streets must meet ADA standards. 55. Walnut Drive shall be constructed to a collector street cross section width. Walnut Drive shall be paved for two (2) travel lanes from tract boundary to Fraser Drive. Walnut Drive shall provide an entrance drive at the bulb end of the cul-de-sac to allow access to the existing easement extending north from the Walnut Drive cul-de-sac. 56. The circulation improvements shall be constructed as described in Exhibit 6-A in the Lakeshore Village Specific Plan Traffic Impact Analysis (see attached). Traffic signal at Stater Brother's Central Driveway and Main Entrance shall be operational at 20% build out. 57.Applicant shall design and construct a raised landscaped median along the frontage of Lakeshore Drive, subject to the approval of the Engineering Manager. 58. The entrance driveway aisles shall be designed so that at least 40 ft. is available between the street curb and the first parking stall in order to provide adequate on-site storage for entering vehicles. 59.All compaction reports, grade certifications, monument certifications (with tie Page Eighteen - City Council Minutes - March 9, 2004 - notes delineated on 8-1/2" x II" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 60.Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 6I.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. 62.Applicant shall provide fire protection facilities as required III writing by Riverside County Fire. 63.Applicant shall provide street lighting and show lighting improvements as part of street improvement plans as required by the Engineering Manager. _ 64.Applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 65.Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 66.All improvement plans and tract maps shall be digitized. At Certificate of Occupancy, applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or applicant to pay $30 per sheet for City digitizing. 67.All utilities except electrical over 12 KV shall be placed underground, as approved by the serving utility. 68.Applicant shall obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California - Page Nineteen - City Council Minutes - March 9, 2004 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 Engineering Manager. 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. 69.Applicant shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 70.An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. In the event the project is unaffected by any fault zone, developer shall provide a document certified by a licensed Geotechnical Engineer or Licensed Geologist identifying the site as being outside the fault zone. 71.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. 72.Individuallot drainage shall be conveyed to a storm drain facility and conveyed to the public storm drain system. Any non-historic storm flows shall be accepted by adjacent property owners with a notarized and recorded letter of drainage acceptance or conveyed to a drainage easement. 73.0n-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 7 4.All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the Engineering Manager. Page Twenty - City Council Minutes - March 9, 2004 - 75.Submit Hydrology and Hydraulic Reports for review and approval by Engineering Manager and the Riverside County Flood Control District prior to approval of final map. Applicant shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 76.All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 77. 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 Engineering Manager. 78.Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area whenever feasible. 79.Ten (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. 80.A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed storm water run-off on private property. 81.Applicant shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 82.Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 83.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. - Page Twenty-One - City Council Minutes - March 9, 2004 84. 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 meet the goals of the BMP in Supplement "A" in the Riverside county NPDES Drainage Area Management Plan. 85.Applicant shall provide for flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and driveway aisles. 86.Intersection site distance shall meet the design criteria of the CAL TRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 87.Applicant shall provide a traffic study prepared by a traffic engineer to determine the traffic volume and the impacts on intersections in the vicinity and freeway on and off ramps prior to final map approval, subject to the approval of the Engineering Manager. 88.Access shall be restricted on Lakeshore Drive and W alnut Avenue and so noted on the final map. No residential lot shall have frontage onto Lakeshore Drive or Walnut Avenue. 89.All parcels shall have access to public right-of-way or be provided with a minimum 30-foot ingress and egress easement to public right-of-way by separate instrument or through map recordation. Private streets shall be owned and maintained by an HOA. 90.Riverside County Fire Department shall approve width and radii of private streets and the length and configuration of hammerhead turnarounds prior to final map approval. Page Twenty-Two -City Council Minutes - March 9, 2004 - 91.Applicant shall cause to be recorded 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 and the City Attorney. The CC&R's shall enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage. 92.An HOA shall maintain the storm drain detention basin. 93.In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contact 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. Tentative Parcel Map No. 31963. "Pasadena Business Park II" - Triple J Development. (F: 11 0.2) - Mayor Buckley opened the public hearing at 7:33 p.m. Community Development Director Brady detailed this item and its location. He explained that this was a proposal to divide the parcel into 15 individual parcels with 15 industrial buildings. He detailed the related street improvements to be included as part of the project. Mayor Buckley asked those persons interested in this item to speak. There were no requests to speak. Mayor Buckley questioned the improvements to Third Street. Community Development Director Brady advised that it currently had ~ street improvements, and as the other side develops the builders will be required to pay in-lieu fees or bond for the balance of the improvements. He clarified that the timing for the actual improvements would be driven by the front property. Mayor Buckley inquired if the front parcel would be developed - Page Twenty-Three - City Council Minutes - March 9, 2004 soon. Community Development Director Brady indicated that the entire area was building very quickly and the front property should be built in the next couple of years. Councilman Magee had no comments on this item. Mayor Pro Tern Kelley indicated that she welcomed additional manufacturing and commercial development. She noted that buildings of this type were being leased out as quickly as they were being built, and she was glad to have them. She expressed support for the project. Councilman Schiffner indicated that his comments from the previous item would also apply to this item. Councilman Hickman inquired if this was the project with concerns regarding the drainage to the outflow channel. Community Development Director Brady clarified that the drainage issues were on Hunco Way, to the north of this project. Councilman Hickman indicated that he had no problems with this project. Mayor Buckley closed the public hearing at 7:35 p.m. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE TENTATIVE PARCEL MAP NO. 31963, BASED ON THE FOLLOWING FINDINGS AND EXHIBIT' A'; AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: FINDINGS 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). Page Twenty-Four - City Council Minutes - March 9,2004 - The proposed Tentative Parcel Map located at APN 377-151-057 complies with the goals and objectives of the General Plan, in that the approval of this industrial business park will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging industrial land uses to diversify Lake Elsinore's economic base. 2. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. The proposed Tentative Parcel Map located at APN 377-151-057 has been evaluated and determined to in approving the subdivision for the ultimate development of an industrial business park will offer needed jobs and balance with existing and future housing needs and trends. Environmental and municipal resources will have been evaluated and will be available to - service this development. 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. Pursuant to the California Environmental Quality Act (CEQA), the proposed Tentative Parcel Map located at APN 377-151-057, has been reviewed and conditioned by all applicable City Divisions and Departments and Agencies, and will not have a significant effect on the environment pursuant to Mitigated Negative Declaration No. 2002-03 adopted by the City Council. CONDITIONS OF APPROVAL PLANNING DIVISION 1. Tentative Parcel Map No. 31963 will expire two (2) years from date of approval unless within that period of time a final map has been filed with the - Page Twenty-Five - City Council Minutes - March 9,2004 County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2. Tentative Parcel Map No. 31963 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 3. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning TPM No. 31963, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 4. Prior to final map and recordation approval of TPM No. 31963, the applicant shall prepare and record CC&R's against the complex. 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 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. S. No lot in the development 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 Page Twenty-Six - City Council Minutes - March 9, 2004 - 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 of all 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. 6. A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. - 7. The City's Noise Ordinance must be met during all site preparation activity. 8. Applicant shall bond for all public improvements and grading for subject development as required by the City Engineer. a) Bonding shall be done by phases and not by final maps( s) on grading. b )Bonding shall be done by final map( s) for all other improvements. 9. Pay all applicable fees including park fees as stated In the development agreement prior to issuance of building permits. 10. Prior to final map approval of Tentative Parcel Map No. 31963, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. 11. All of the improvements shall be designed by developer's Civil Engineer to the specifications of the City of Lake Elsinore. - Page Twenty-Seven - City Council Minutes - March 9, 2004 12. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 13. 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. 14. The developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 15. Meet all requirements of the providing electric utility company. 16. Meet all requirements of the providing gas utility company. 17. Meet all requirements of the providing telephone utility company. 18. All trailers used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. 19. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate Grading City permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty-feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 20. All development associated with this map requires separate Design Review Page Twenty-Eight - City Council Minutes -March 9,2004 - approval. 21. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 22. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. ENGINEERING DIVISION 23. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. - 24. Dedicate a 20 ft. wide strip of additional street right-of-way along the frontage of Pasadena St. to the City prior to approval of final map. 25. Dedicate a 30 ft. wide strip of additional street right-of-way along the frontage of Crane St. to the City prior to approval of final map. 26. Dedicate additional right-of-way for a standard comer cutback for the future curb return at the westerly comer of the lot. 27. All lots shall have direct access to public right-of-way or to be provided with minimum 30 foot ingress and egress easement to public right-of-way by separate instrument or with recordation of a final map with CC&R's. 28. The ingress and egress easements width and turning radii must be approved by the County Fire Dept. prior to approval of final map. 29. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Res. 85-26). - Page Twenty-Nine - City Council Minutes - March 9,2004 The traffic mitigation fee is $73,589, the K-rat fee is $4,260 and the drainage fee is $53,805. 30. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to approval of final map. 31. Construct all public works improvements per approved street plans (LEMC Title 12). Plans must be approved and signed by the City Engineer prior to approval of final map (LEMC 16.34). 32. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 33. Developer shall construct half street improvements on Third Street as part of this development or pay an in-lieu fee for the construction of the half-street improvements. 34. Developer shall construct half street improvements on Crane St. plus one 10ft. wide travel lane. 35. The applicant shall furnish a signing and striping plan for Pasadena Street and Crane Street, subject to the approval of the City Engineer. 36. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMCI2.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 37. The driveway aisles should be designed so that at least 40 ft. is available between the street curb and the first parking stall in order to provide adequate on-site storage for entering vehicles. Page Thirty - City Council Minutes - March 9, 2004 - 38. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. 39. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to grading permit issuance. 40. 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. 41. Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of stormwater quality and met the goals - of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 42. 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. 43. Provide fire protection facilities as required in writing by Riverside County Fire. 44. Provide street lighting, show lighting improvements on street improvement plans, as required by the City Engineer. 45. On-site 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. 46. All natural drainage traversing the site shall be conveyed through the site, or - Page Thirty-One - City Council Minutes - March 9, 2004 shall be collected and conveyed by a method approved by the City Engineer. 47. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roofs should drain to a landscaped area whenever feasible. 48. Meet all requirements ofLEMC 15.64 regarding flood hazard regulations. 49. Meet all requirements of LEMC 15.68 regarding floodplain management. Over half this site is in FEMA flood zone AE and the finish floor elevation must be at or above the Base Flood Elevation. Most buildings must have their floor elevations above an elevation of 1261 ft. and some buildings must be above 1261.5 feet. Some of the site is in flood zone AO and the floor elevation must at least one foot above the adjacent grade. 50. The applicant to provide FEMA elevation certificates prior to certificate of occupanCIes 51. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final maps. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 52. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 53. The applicant shall record a CC&R that provides for irrevocable reciprocal parking, circulation, ingress and egress, loading and landscaping maintenance easements in favor of all lots. It shall also enforce standards of building maintenance and participation in landscape maintenance. The CC&R shall be approved by the Community Development Director and shall be recorded prior to building permit. 54. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including Page Thirty-Two - City Council Minutes - March 9, 2004 - 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. 55. Education guidelines and Best Management Practices (BMP) shall be provided to building occupants of the development for outdoor storage, vehicle maintenance, building maintenance and landscaping 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. 56. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. Applicant can construct permeable concrete gutters, drain gutters to landscaped areas or use - basins with filters. 57. Applicant shall provide first blush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 58. 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, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 23. General Plan Amendment No. 2003-03. Zone Change No. 1003-02. Tentative Condominium Map No. 31532. Residential Design Review No. R 2003-15 and Mitigated Negative Declaration No. 2004-01 for the "Lake Elsinore City Center Townhomes" Phase II - Resolution No. 2004-16 & Ordinance No. 1117. Mayor Buckley introduced this item and noted that there was a request from - Page Thirty-Three - City Council Minutes - March 9,2004 the developer and concurrence from staff. Councilman Schiffner supported the continuance since it was at the request of the developer. Councilman Magee noted that this was a noticed public hearing, and suggested allowing any interested speakers or the applicant to speak. Mayor Buckley opened the public hearing at 7:38 p.m. There were no requests to speak. Mayor Buckley noted that this item related to the Condominiums next to the Walmart center on Grape Street. Councilman Magee questioned the timing of the continuance. City Attorney Leibold indicated that it should be continued to the next regular meeting. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO MARCH 23, 2004. BUSINESS ITEMS 31. Second Reading - Ordinance No. 1115 - Community Facilities District 2003-1 (Law Enforcement. Fire and Paramedic Services) Annexations 5 and Q. (F:22.3) City Manager Watenpaugh noted that this was a second reading of the matter considered at the last meeting. Councilman Hickman noted that this was the $300 per household CFD. MOVED BY SCHIFFNER, SECONDED BY MAGEE TO ADOPT ORDINANCE NO. 1115, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1115 Page Thirty-Four - City Council Minutes - March 9,2004 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO.5 (LA LAGUNA PHASE II) AND ANNEXATION AREA NO.6 (VILLA MARTINIQUE) ANNEXED TO SAID DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE - ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Request from Volunteer Fire Department - Thermal Imaging Camera (F: 127.3) City Manager Watenpaugh explained this request. Councilman Magee noted that the City was fortunate to have a group of volunteers like fire fighters to make sure the rest of the community is safe. He suggested that it was the City's responsibility to provide the tools to assist them in saving lives. He noted that the volunteers went to a conference and investigated the new equipment available; and found a camera that can detect victims in a burning building. He stressed that this camera would save time in finding people within burning buildings and expressed support for this request. He urged the Council's approval of this item. - Page Thirty-Five - City Council Minutes - March 9, 2004 Mayor Pro Tern Kelley commented that it was a great idea and offered kudos to Councilman Magee for pursuing this request. She congratulated the fire volunteers on this new piece of equipment. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE REQUEST FOR PURCHASE OF A THERMAL IMAGING CAMERA AT A COST NOT TO EXCEED $10,000 AND DIRECTED STAFF TO ALLOCATE THE NECESSARY FUNDS FROM THE CITY'S UNALLOCATED RESERVES. 33. Public Safety Advisory Commission - Ordinance No. 1116. (F:59.6) City Manager Watenpaugh explained this item had been provided at the request of Mayor Buckley to reinstate the commission. He advised that following the Study Session a subcommittee of the Council was chosen to work on revisions to the existing code. He pointed out that if there were modifications to be made to the responsibilities of the Commission, they would need to be changed in the Ordinance as well. Councilman Magee noted that this item came up some time back and there was a level of discomfort in advancing the commission with the current structure. He indicated that what had been done this time was to revise the section of the Municipal Code for a much better, more useable product. He further indicated that it was the intent to provide public safety officials with an additional set of eyes and ears in the community, since they can't be everywhere. He commented that there was a wealth of volunteers who wanted to give to the community. He noted that he disagreed with some portions of the ordinance, but there had been some compromises, and urged adoption of the ordinance. Mayor Buckley noted that he had worked with Councilman Magee on redrafting this code section, and commented that the commission technically still existed, but had withered many years ago. He commented that times change and codes need changing. He indicated that for the most part, this Page Thirty-Six - City Council Minutes - March 9, 2004 - commission would act as a seeing eye dog to help the police and fire officials, and should not be seen as a disciplinary force. He noted that the duties, as proposed, were relatively narrow, but allowed the commission to expand their areas of consideration with the approval of the City Council. He indicated that the first re- formation of the Commission would have each Council member appointing a new member, who will serve until July, 2006, at which point the reappointment of members will revert to the system used for the Planning Commission. He further indicated that he felt it was important to start off with an appointment system more like the mayoral committees, because the commission last went away leaving a bad taste. He recommended the deletion of "vice-chairman" from section 2.46.040. Mayor Pro Tem Kelley noted the concerns expressed by Lt. Featherolf at the study session and suggested that appointees needed some sort of background check at some level. She stressed that the group would be working very closely with the community and the community needed to be able to trust them. She indicated that she was very happy with the way the ordinance came back, particularly with the commission "assisting" in disaster preparedness. She stressed that she did not want them to focus on that. She indicated that she was also happy with "consider and evaluate" the cost of citizens action patrol, so the direction had not yet been chosen. She suggested that the proposed duties were just enough to get the commission started. She noted that there were still minor issues with calling it a commission vs. a committee, and commented that she would like it to be a committee. - Councilman Magee inquired if there was a background check required when the commission was first put in the municipal code. City Manager Watenpaugh indicated that he was not aware of one. Councilman Magee suggested that this would be breaking new ground, and questioned if other committees or commissions had done this in the past. City Manager Watenpaugh indicated that background checks were done on all staff and the Planning Commissioners were requested to provide background and personal history. - Page Thirty-Seven - City Council Minutes - March 9, 2004 Councilman Hickman noted that with regard to memberships, there should be a change in the wording that the person shall "reside in or be a business owner or designee of a business in the City of Lake Elsinore". He indicated that when this commission was first discussed police and fire were the last things on his mind. He indicated that his first thought was toward disaster and homeland security. He commented that he was pleased with the plan, and would like to see it divided into districts in the future for improved response in the case of a disaster, to provide assistance. He indicated that this was a step in the right direction. Councilman Schiffner noted the discussion of changes, but was not sure of what was being left in. He indicated that he was not in favor of the chairman or vice-chairman being selected by the Mayor the first time around. He suggested that they should be selected by the committee, as he felt their consideration was important. He explained that the commission was not ad hoc, so the choice should be theirs; and indicated that he would like to see it changed so the chairman was appointed by the commission. He addressed section 2.46.07 regarding Meetings, in item F, and indicated that he did not believe he wanted the commission having direct communications to the police and fire chiefs. He indicated that the recommendations should come directly to the City Council first; and commented that otherwise he was in favor of the items. Mayor Pro Tern Kelley questioned the difference between a Mayor's Committee and a permanent commission. City Manager Watenpaugh indicated that when a Mayor's committee was adopted their purpose was spelled out, each member appointed a member and the Mayor appointed the Chairman. He clarified that this item was an update to the Municipal Code rather than the policy manual. Mayor Pro Tern Kelley addressed the item about reporting to the City Council in writing, and concurred it should come to the Council first, as opposed to the Chief of Police. Mayor Buckley indicated that might be appropriate, but suggested if it was informational items, they could probably go to the Chiefs, while specific City action should go to the Council first. He indicated that he did not want the Page Thirty-Eight - City Council Minutes - March 9, 2004 - commission sending reams of information to police and fire. Councilman Magee suggested this would make it a more independent arm, and concurred that the last sentence could be dropped. Mayor Buckley addressed the issue of a permanent committee, noting that he would want to drop the word advisory; but indicated he would not pursue that if it was left a commission. Councilman Magee indicated that in the word "advisory" had been included in the spirit of compromise. Councilman Schiffner noted that all of his objections had been addressed, except who selects the Chairman the first time, and stressed that it should be selected by the committee. Mayor Buckley stressed that the initial chairmanship was key. Councilman Schiffner indicated that it was not proper because the makeup of the commission was not yet known. Mayor Buckley indicated that there was no one more qualified the chair the Commission than his selection. He noted that the term of the Chairman - would only run to the end of this calendar year, and he had proposed taking out the Vice-Chairman. Councilman Schiffner reiterated his concern with this process. Councilman Magee clarified that the appointment of the Chairman was only for nine months to December 31, 2004. Mayor Pro Tern Kelley indicated that she could support such an appointment to the end of the year. MOVED BY BUCKLEY, SECONDED BY MAGEE TO ADOPT THE ORDINANCE AS PRESENTED WITH THE FOLLOWING CHANGES: SECTION 2.46.030 - ELIMINATE "BE A REGISTERED VOTER" AND "OR THE OWNER'S DESIGNEE" SECTION 2.46.040 - ELIMINATE "AND VICE CHAIRMAN" AND CHANGE INITIAL TERM OF CHAIRMAN TO "UNTIL DECEMBER 31, 2004". SECTION 2.46.030 - ADD" APPOINTEES SHALL BE - Page Thirty-Nine - City Council Minutes - March 9, 2004 SUBJECT TO ROUTINE BACKGROUND CHECK TO BE ADMINISTERED BY THE POLICE DEPARTMENT" Councilman Magee requested clarification from Chief Walsh with regard to the background checks. Chief Walsh indicated that it could get costly, but it would depend on how deeply they wanted the individuals investigated. He indicated that if it was just fingerprints and regular background checks it would be about $70 per applicant. Councilman Schiffner suggested leaving the depth of the background check up to Chief Walsh. Councilman Magee inquired if the term "routine background check" was adequate. Chief Walsh indicated that "routine" would be fine, and if something was found they would dig a little deeper. He noted that it would be the same as any volunteer for the Sheriff s department. Council concurred this would be appropriate. ORDINANCE NO. 1116 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, REPEALING SECTION 2.46 OF THE LAKE ELSINORE MUNICIPAL CODE AND ADOPTING A NEW SECTION 2.46 RELATING TO THE PUBLIC SAFETY ADVISORY COMMISSION. UPON THE FOLLOWING ROLL CALL VOTE: A YES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, BUCKLEY NOES: COUNCILMEMBERS: SCHIFFNER ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Page Forty - City Council Minutes - March 9, 2004 - Councilman Schiffner indicated that he does not compromise on issues he believe in and commented that he did not agree with the proposed appointment of the Chairman, so he voted no. Mayor Buckley questioned the timing of the appointments, and suggested doing it tonight. He appointed Dan Uhlry, as the first Chairman of the Commission, noting that he was currently serving on the Planning Commission. He commented that there was an issue of serving on more than one commission, but Mr. Uhlry had already agreed to not serve as Chairman or Vice Chairman of the Planning Commission while serving in this capacity. He indicated that he appointed Mr. Uhlry due to his standing in the Sheriffs Posse and his past participation in CDF; and noted that this would provide a very pro public safety bridge for the next nine months. Mayor Pro Tem Kelley indicated that she was contacted by a gentleman who was requesting appointment and appointed Michael Lewis, noting his - participation in the Ticket to Ride event. Councilman Hickman inquired if Mr. Uhlry would be leaving the Planning Commission. Mayor Buckley clarified that he would remain on the Planning Commission. Councilman Hickman appointed Ron Hewison, nothing he was also serving on the RDA Task Force. Councilman Schiffner appointed Ray Knight, noting he was a retired Anaheim fireman, paramedic and Fire Captain. Councilman Magee appointed Ray Moon, noting that he was active in his church, a substitute teacher and business owner in the valley for more than ten years. He further noted that Mr. Moon was bilingual, which would be important for the community. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE APPOINTMENTS AS PROPOSED. - Page Forty-One - City Council Minutes - March 9, 2004 Mayor Buckley commented that they were all good appointments. 34. Mayor's Committee/Country Club Heights. (F:59.l)(X:44.2)(X:60.1) Mayor Buckley noted the meeting about two weeks earlier with 225 people in attendance regarding this area. He noted that they were representative of the 3,700 owners of 8,700 lots. He complimented staff on a very positive event. He stressed the interest of the property owners in that area to protect the character of the neighborhood while supporting growth and better infrastructure. He indicated he felt it was a good idea to set up a Mayor's ad hoc committee of residents to look at the myriad of problems with sewer, water, small lots, etc. City Manager Watenpaugh concurred that it was a very positive study session and noted that many people would like to see the standards for the Heights modified. He indicated that it was the intent to come up with revised standards for the viewshed corridors. Mayor Pro Tern Kelley apologized for not making the study session, as she was out of town; but noted that she had followed up and read the information from the consultant. She noted that there had been a great turn out and strong interest in addressing the many complex issues in the area. She commented that the committee would have their plate full to come up with goals and objectives, and a consultant would be needed to find ways to solve the problems. She concurred with this committee formation. She indicated that she would be appointing either Steve or Vicki Wallace, and noted that they just purchased a home in the area and were business owners. She further noted that they attended the study session and were excited about serving on the committee. Councilman Schiffner noted the tremendous crowd at the study session and concurred that it went very well, and most of the people were well informed. He further noted that everyone accepted the information and there was a lot of interest in improving the area. He stressed the need to limit the scope so they could proceed. He indicated that they needed to work on what they Page Forty-Two - City Council Minutes - March 9, 2004 - wanted in the area and what they did not want; and leave it to Council to put together a plan to accomplish what they want. He appointed John Gonzales to the committee. Councilman Hickman noted that there was an interest in building in the area and were facing problems. He also noted a recent newspaper article about Gary Jacobs' home. Councilman Magee expressed support for the formation of the committee and tentatively appointed Ray Booze. He noted that the appointment was tentative until he could contact Mr. Booze for confirmation, and commented that he was a long term resident. Mayor Buckley concurred that the level of detail on this matter could be overwhelming, but envisioned looking at the type of historic streetlight, but not where they would go. He suggested setting parameters and going from - there. He indicated that as for the appointment, he inquired if they could be made at the same time the committee was formed. He appointed Ray Tamargo as Chairman of the committee, and commented that he through it would be an exciting review of the local zoning. MOVED BY KELLEY, SECONDED BY HICKMAN TO APPROVE THE APPOINTMENTS AS PROPOSED. City Manager Watenpaugh commended the Council on forming the committees, but noted the number of new committees and study sessions and suggested that coming back in three to four months with recommendations might not be possible. Mayor Buckley suggested extending that time line to six months. Councilman Schiffner commented that a couple of more Assistant City Manager's might be needed. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. - Page Forty-Three - City Council Minutes - March 9, 2004 THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:24 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:34 P.M. 35. Draft Goals for City Manager. (F:46.1) Councilman Buckley noted that the Council had been doing performance evaluations on the City Manager over the last few meetings, and Council came up with short term goals to be fulfilled. City Manager Watenpaugh explained that after the new Council was seated he had requested a Closed Session for his evaluation. He indicated that he wanted more information and a list of goals, and clarified that goal setting had to be done in a public session, unlike the evaluation which could be done in Closed Session. He presented a draft of his discussions with a preface of the mission statement and goals based on the adopted budget. He indicated that there was a list of about 26 goals, and explained that the intent of the Council was to have specific items for review in six months for evaluation of his progress. Ron LaPere, 16867 Wells Street, congratulated the Council on the start of this program, but indicated that it should have been started five years ago. He noted his background in writing goals for employees and management staff and suggested that the items presented were ideas instead of goals. He stressed that goals had to be specific and have means to measure the outcomes. He suggested that the proposed goals were very ambiguous, and issues that should be more Council Policy decisions. He stressed the importance of quantifiable goals and suggested that more refinement was needed so they would remain objective and fair, regardless of who the manager was. Edith Stafford, 29700 Hursh, indicated that she had the same problems with this list; and while goals are needed and it is a step in the right direction, she Page Forty-Four - City Council Minutes - March 9,2004 - agreed that many of the items should be done by the Council. She commented that the City Manager could not tell himself what to do, and stressed that the Council needed to lay these things out. She indicated that another problem was that while goals are to be done in six months, there was an existing pattern of improprieties already in existence. She stressed that there were issues that needed immediate attention and questioned how that would be resolved. She explained that there were improprieties in contracts and how they were charged, which needed immediate attention. She suggested that the new goals should be more revised and define what is to be done. She indicated that she saw no goals in the direction of the main problem areas. She reiterated that there were immediate problems and suggested having someone check out the contracts and how they were paid. Mayor Buckley requested input from City Treasurer Weber. City Manager Watenpaugh noted that he works for the five member Council, and questioned the City Tresurer's role in setting his goals. City Treasurer - Weber indicated that they were finance issues he would like to see addressed. City Treasurer Weber indicated that support of the RDA committee goals and management of the RDA debt was needed. He further indicated that staff needed to implement Gasby 34 requirements; and create a homeowner communication system or the CFD's and Assessment Districts, so they know what they are getting into and what is being done with the money. Mayor Buckley reiterated that he was concerned with the implementation of the Gasby 34 requirements, continuing support and work with the RDA committee and work on a homeowner information system for CFD's and Assessment Districts. Councilman Magee noted that the staff report had deleted the leading paragraph and read it into the record as follows: - Page Forty-Five - City Council Minutes - March 9,2004 The City Council desires to evaluate the City Manager's performance in six months, based in part on the goals and objectives stated below. The City Council will also evaluate the City Manager's performance with respect to the day-to-day business and administrative requirements of that office, including such additional duties which may arise or be assigned, but are not anticipated or contemplated at this time. During this evaluation process the City Council shall consider continuing, extending, modifying or terminating the City Manager's existing contract. Councilman Magee noted that he was still on a honeymoon with the City Manager after only 90 days, so for him to evaluate him as his boss would be inappropriate. He indicated that he had told Mr. Watenpaugh that from the start, and noted that an emotional decision would be the easiest at this point, but that would not be in the best interest of the community. He commented that the five Council members had worked together to forge the list of goals, but it was not an easy process. He stressed that this had not been done in many years, and the City Manager had no evaluation since 2001. He indicated that this was unfair to the employee, not knowing if his bosses are in support of him or not. He commented that the list was subjective and the Council would have to make a subjective analysis of the performance. He indicated that he would like to add one more item, to ask the City Manager to provide written monthly updates of his progress in the process. He commented that the Council might not all agree, but finally there was a road map that five people could agree on; and while they may still disagree in six months, the City Manager would know where they were coming from. Councilman Schiffner commented on what he felt this issue was all about, being a situation with five members on the Council and one new member who explained his position, which was fair and reasonable. He indicated that two other members over the last two years had made every effort to undermine the City Manager and make him look bad, while having very little contact with the man. He suggested that they were in no position to Page Forty-Six - City Council Minutes - March 9, 2004 - evaluate him. He indicated that there were two other members who had worked with the City Manager for a number of years, and while there may have been some dissatisfaction, they have moved along with him as the City Manager. He noted that they had come out of a financial depression, and the sales tax dollars were increasing. He indicated that it appeared that the others were attempting to take sides, and concurred that many of the goals were ambiguous and difficult to evaluate, possibly on purpose. He suggested that they wanted to be able to downgrade the City Manager for not accomplishing these goals in six months. He noted that there was a definite division on the City Council and a new member who has not taken sides, because he was learning the situation first. He indicated that he was not sure how the City Manager would be evaluated as the goals were very confusing. He addressed the comments by Mrs. Stafford on things that were wrong and challenged her to bring the problems to him, so he could work to straighten them out, find the problems and correct them. - Mayor Pro Tern Kelley noted that she had worked with the City Manager for the last eight years; and finds him to be professional, policy-oriented, he treats the Council fairly, provides a weekly memo and is available to each Councilmember with his open door policy. She indicated that he was very respected by staff and the community business leaders; and she respects the way he follows policy. She commented that the last thing the community needed was a City Manager led down the road, frightened of his job and taking direction from each individual Council member. She indicated that she really respected the fact that Mr. Watenpaugh was willing to draw the line and say something was not policy. She stressed that his responsibility was to work for either three or four members, based on a majority vote. She indicated that he provided everyone the same information, but it was difficult to develop the goals, so they were broad by design. She noted that the goals were filled with action words such as implement, prepare, design, assist and revise. She commented that he would have no trouble meeting the goals as presented and in six months the Council would need to be very fair in the evaluation due to the nature of the goals. She concurred that the goals were designed to undermine the Manager, but expressed hopes that - Page Forty-Seven - City Council Minutes - March 9,2004 was not the case. She suggested that Mr. Watenpaugh was excited about the goals, and noted that they were set forth generally in the budget, but this was a new format. She indicated that while the goals were not necessarily new, there was greater pressure to get them done. She noted that she liked the opening paragraph as read by Councilman Magee, as the previous one was in a very negative light. Councilman Hickman indicated that it was evident which way this was going to be subjective. He commented that he knew it was a position of authority and responsibility, but he was on the Council to do what the people wanted, and make sure the City was clean. He indicated that this step would give the City Manager a chance to prove himself and the existing management can run the City the way the citizens want it. Mayor Buckley noted the list of goals and suggested the insertion of two words, being "past performance and" in paragraph I, line 4 before "such additional duties". He suggested that the last goal on page I should be revised because "improving the public perception of the Community Services Department" would occur if the department was improved. He indicated that he did not have a problem adding the implementation of Gasby 34, which was already being worked on. Administrative Services Director Pressey indicated that the Gasby 34 requirements were complete. Mayor Buckley indicated that the Manager was already working with the RDA Committee. He further indicated that the homeowner information system was a good idea and would have deflected some of the concerns in Summerhill. He questioned which conditions were designed to undermine the Manager and which should be eliminated. Mayor Pro Tern Kelley indicated that the point was that her fear was that Mr. Watenpaugh would jump through all the hoops for six months, but there was a preconceived result to this process. She stressed that it was not one individual goal, but addressed the last one about the homeowners information system, and noted that she just closed escrow and the CFD information was very well spelled out. She stressed the shared nature of responsibility in that type of program. Page Forty-Eight - City Council Minutes - March 9, 2004 Mayor Buckley commented that the City was better run than it used to be. Mayor Pro Tern Kelley confirmed. Mayor Buckley commented that in the spirit of compromise he was going to agree, but questioned if it was run well enough. Councilman Schiffner suggested that it would never be run well enough. Mayor Buckley indicated that he was not sure that was true and noted the personal and community trust issues between city hall and the residents. He suggested that was something that had to be considered as part of the evaluation process. City Manager Watenpaugh indicated that he in no way wanted to be adversarial in this process, and noted this was tough to coordinate. He commented that he had only had one evaluation in seven years and did still have a contract. He confirmed that he wanted a set of goals and he was willing to accept the goals presented; but expressed concern with the stated mistrust from the public about the management and the City. He indicated that he was not sure what or where it was coming from, as he tried to be open and provide information. He commented that his biggest fear was that he could communicate with the Council, but they also had to communicate with him; and stressed that it had to be two way communication. He indicated that he had no doubt that he and staff could attain the goals and noted that a number of them were already done or nearly complete. He noted that he had a major concern that as a staff person, staff spent hundreds of dollars on study sessions to clarify information, but aside from the Country Club Heights meeting, only a few residents are present for the workshops. He indicated that he felt bad that there was not a better turnout regarding the bonds, and noted that there were door hangers and advertisements in the newspaper. He questioned if the public was truly concerned. He noted that there was more interest in the Country Club Heights issues. He indicated that the goals would work if everything was done openly and communication could be maintained with all of the Council. He noted that Councilman Magee was very fair as the newcomer, and others were trying to open up. He stressed the importance of open communication and assuring that the Council policy is followed. He requested that if the policy was not being followed, that they be changed to more accurately reflect the policies. He - - - Page Forty-Nine - City Council Minutes - March 9, 2004 stressed the importance of Council working with him to allow him to attain the goals. He indicated that he was willing to accept the goals as presented and questioned the verbiage on the third item from the City Treasurer. He also noted that he would be happy to do monthly reports. Councilman Magee noted that the Mayor had requested the addition of "past performance" to the first paragraph, and noted that he would not be willing to evaluate that factor. He explained that he had not been his employee to review under past performance. MOVED BY MAGEE, SECONDED BY HICKMAN TO APPROVE THE GOALS AS AMENDED AT THE TABLE. City Attorney Leibold clarified that the amendments were regarding Gasby, RDA and CFD Information. She stressed the need to be clear on this action. She indicated that with respect to homeowner information on the CFD's, it was not an appropriate goal when it was not discussed in light of CFD financing. She suggested a report on what would be involved. Mayor Buckley suggested "investigate creation of a homeowner information system"; and written monthly progress reports on the goals to Council. He also suggested the addition of past performance as a factor for evaluation. THE MOTION WAS SO AMENDED, WITH APPROVAL BY THE SECOND AND CARRIED BY UNANIMOUS VOTE. 36. Status Report - Western Riverside County Multi-Species Habitat Conservation Plan. (F:76.4) City Attorney Leibold noted that this item was approved at the January 13th City Council Meeting, by a vote of 4 to 1. She noted that at the meeting numerous representatives from the County were present and there was a lot of discussion about the modifications requested by the Council. She further indicated that it was her understanding that the County would respond to the City and the direction was to hold off on noticing the fee ordinance until Page Fifty - City Council Minutes - March 9, 2004 - there was a consensus or consent by the County that the City was compliant with the overall goals of the MSHCP and Measure A funds were not at risk. She indicated that to date she had received no response, except that they do not intend to respond. She further indicated that the JP A had been formed with those who have adopted the plan, and noted that 4 or 5 of the 14 cities had adopted the MSHCP without modification. She commented that the County was extremely busy in settlement negotiations with Murdock and provided an agreement with the City as a party, and later proceeded to settle without the City. She noted that while the County had settled with Murdock, she was not certain of the overall status of the litigation with the other plaintiffs. She addressed the Sauls Report that was adopted and incorporated in the Council's approval and indicated that it had been modified and clarified. She explained that there was an incorrect map for the Greenwald site, and an additional property had come to terms on the proposed set-aside for habitat acreage. She suggested if the Council were to reconsider their action on the MSHCP those modifications to the report - should be considered as well. City Manager Watenpaugh indicated that staff met with the County staff and Mr. Sauls to go through the list of properties; and noted the public discussion of about 4,200 acres being already addressed. He clarified that it was actually only about 1,300 acres, and while the balance was being negotiated it was in the County, not the City. He advised that more parcels had now reached settlement, and the TT Group came to an agreement, but that has not been finalized yet. He further advised that he understood that the north part of Tuscany Hills had nearly settled, but stressed that anything outside City limits would be attributed to the County, not the City. He clarified that the City was not half way there, and stressed that there had been no contact or response from the County. He indicated that staff would send an additional letter to determine the City's status. City Attorney Leibold indicated that she thought from the County standpoint, with respect to modifications, if the County is one member, the issues need to be turned over to the new entity. She suggested preparation of a packet for consideration at the next meeting and presentation to the new entity. She _ Page Fifty-One - City Council Minutes - March 9, 2004 commented that regarding the additional agreement with the County, she received a Memorandum of Agreement for the Mayor's signature, but the City has not been a party to the discussions and it has not been presented to the Council for consideration. Councilman Schiffner noted his participation on the new Board, which is a new JPA formed under the auspices ofWRCOG, to administer the MSHCP. He advised that at the first meeting a month ago, some members of the board worked together on the Board or served as alternates for WRCOG. He commented that at the first meeting there was no staff for the group yet, and that was one of the items considered. He explained that the intent was for the County to supply staff for the Board, but at the last meeting in determining who was actually a member, those with the agreement were conforming and were members. He noted that Lake Elsinore included the amendments to provide a comfort level, which were sent, but no response has been received to date. He indicated at the second meeting of the Board, the attorney for the JP A told him, it was the legal opinion that Lake Elsinore was nonconforming, and as such not a member in good standing, with no vote. He indicated that four other cities were not allowed to vote either. He advised that he stayed for the meeting anyway and made some comments and requested that they resolve the issues of who was in or out. He indicated that he also mentioned the correspondence which had received no response. He advised that Mr. Lashbrook responded that the new Board would have to make the decisions, and Supervisor Buster made a motion to put the matter on next month's agenda and possibly they would put together a committee to meet with the attorney. He noted that they would probably ask that the attorney attend the meeting to give details and start negotiating a revision to vote on the changes. He indicated that right now the City was not in the ball game, but hopefully next month would begin to get involved on a committee or something. He commented that there was still a long way to go and many of the requested changes for the City, may not be as good for the County. He addressed the weighted voting, which gave the County absolute veto power and took some of the good away, because a lot of land was involved and the County had the ability to veto actions. Page Fifty-Two - City Council Minutes - March 9, 2004 - Mayor Pro Tern Kelley commented that it was her understanding that after studying for months and coming up with modifications, and two supervisors saying the changes could be done, they will now have nothing to do with it. She commented that her guess was that the City would be non-conforming until it went with the exact County plan. She indicated that she was very disappointed with the County attitude that it was their way or the highway. Councilman Magee indicated that every fear he had about creating an unfriendly bureaucracy had come to roost when the City was denied the ability to vote. He commented that he was offended, deceived and betrayed by the County decision makers. He indicated that he would not forget the situation, they gave the City a deadline, put a gun to its head and said one thing, but then told the City's representative they were not going to listen to him. He commented that the whole situation was unconscionable. Councilman Hickman indicated that it had all been said, the County could _ not be trusted. Mayor Buckley noted that he was the main proponent of the MSHCP, and while he still believed in the plan, he was deeply irked. He concurred that there should be a presentation packet for the RCA for the next meeting. He suggested a Closed Session discussion of the strategy for meeting with the County staff and lawyers on how to lay it on the line. City Attorney Leibold concurred that the legal issues were for Closed Session discussion. Councilman Schiffner noted that he spoke rather strongly at the meeting yesterday. Mayor Buckley noted that the issue of conformance was discussed at WRCOG too, but at the prior meeting everyone was allowed to vote, even if they were nonconforming. City Attorney Leibold commented that it was interesting that the JP A was formed, and the County has the veto power, and the final say so. She suggested that a discussion with the County would be very advantageous. She indicated that she would prepare a package for presentation to the RCA committee in advance of the next meeting and will bring it to the next City Council Meeting. She - Page Fifty-Three - City Council Minutes - March 9, 2004 commented that it was strange that the City had adopted the agreement, but were not considered part of the RCA. Council concurred that this matter should be revisited. Councilman Schiffner noted another matter, on which they took action, which he felt was a Brown Act violation. ITEMS PULLED FROM THE CONSENT CALENDAR 4. Resolution No. 2004-15 - Supporting the United States Troops & Commander-in-Chief. (F:168.1) City Manager Watenpaugh highlighted this item which was requested by Paula Graver; and explained that the Council would be adopting the resolution in recognition of the last year of activity. Paula Graver, 218 Ellis, commented that it had been a weird year of rallies, but they were still out there and not going away. She indicated that the Lake Elsinore Council was the first to pass a positive resolution in support of the troops, and requested a new resolution. She noted that Mayor Pro Tern Kelley would be reading the resolution at the rally on Saturday. Jill Wojcik, noted that her son was an A-I0 freedom fighter pilot in Afghanistan, and was home and attended the rally after Christmas. She indicated that her son was touched by the positive responses to their efforts; and told Paula that what Lake Elsinore was doing was honorable and to keep it up, no matter what. She indicated that it was vital to continue to support the freedom fighters, and urged support of the resolution. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2003-15: RESOLUTION NO. 2003-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SUPPORTING THE PRESIDENT AND Page Fifty-Four - City Council Minutes - March 9,2004 - COMMANDER-IN-CHIEF AND OUR TROOPS IN THE MATTER OF DISARMING SADDAM HUSSEIN. 5. Deposit & Reimbursement Agreement between the City and Laing-CP Lake Elsinore. LLC. (F:68.1) City Manager Watenpaugh explained that this was part of the responsibility associated with moving forward to consider financing of a CFD in the back basin. He further explained that this had moved forward in the past, and the finance team brought it forward at this point. He clarified that the developer would deposit $50,000 for the necessary studies and pay the fees, knowing that they still have to gain approval of the project. He further clarified that there would be no reimbursement of monies not spent. John Yeager, representing the applicant, addressed this application to form a CFD, noting that this just handles the fees for analysis of the request. He - stressed that there was no obligation on the part of the Council to approve entitlement or the final CFD. He explained that they would not be back to the Council for the Resolution of Intention, until the entitlements were approved by the Council. He stressed that this was still the application phase and offered to answer questions. Chris Hyland, 15191 Wavecrest, noted that she obtained a copy of this item from the City and was quite amazed. She commented that the area had been through five or six developers in the past, and was bothered to see that it said the development would be 1,850 homes, with an elementary school in the middle of the villages. She inquired if the School District had approved the project for schools; and questioned why an elementary school would be constructed without District approval. Mr. Yeager indicated that the elementary school was proposed for the project and John Laing Homes was negotiating with the School District right now. He confirmed that the school would not be built without the consent of the School District. City Attorney Leibold indicated that she had _ Page Fifty-Five - City Council Minutes - March 9, 2004 confirmed that they were in ongoing negotiations with the School District at a staff level. She commented that the proposed site was acceptable, but they were working on the terms and mitigation fees. Mayor Pro Tern Kelley noted that it was her understanding that Laing Homes recognized the fact that the deposit would give no guarantees, and ultimately the building plans needed to be approved. She stressed that this action would allow them to get ready for a CFD and do the appraisal and other studies. She further stressed that this was not issuing CFD's, but rather just beginning the process. She noted that pursuant to the development agreement they had the opportunity to develop in the City, and the City had agreed to assist where possible. She commented that there was a strict performance time line, and the Council was very sensitive to the number of developments proposed for the area that had not occurred. She indicated that the Council wanted to be sure there was a tight agreement this time, and suggested there was no reason to turn this request down. Councilman Schiffner commented that the City had some obligation to this organization to assist them in moving the project forward. He indicated that the only question seemed to be the time line, but noted that the best answer seemed to be the reverse mode on a critical path to get the project done on time. He suggested since they were putting up their money for staff time to do the work, and accepting that it was not an obligation on the City to issue bonds, it made no difference when they started the work, but by putting it off it could delay the project by four months. He indicated that the Council had been pushing this company to move forward for four years and he did not want to stand in their way now. He advised that he was in favor of starting the process with their money. Councilman Hickman noted that this Council had renegotiated some CFD' s, and this was the first one the Council would create. He expressed concern that this action would be putting the cart before the horse. He suggested they could not create a CFD, before they knew what would be approved. Page Fifty-Six - City Council Minutes - March 9, 2004 - Councilman Magee noted the staff report reference to the Development Agreement with Laing-Civic Partners, which called for financing of public improvements. He indicated that he read the agreement regarding initiation of efforts to cause the City to establish a CFD. He noted that it said nothing about the timing and whether it should be before or after the plans are submitted. He indicated that he was a bit uncomfortable approving the CFD before the houses. He noted, with all due respect, that when an attorney gives the presentation, his radar goes up. He commented that he was advised of the City policy to create the CFD before the land use comes to the City Council, but has seen no written policy on this specific issues. He indicated that he was uncomfortable and would abstain on this item, as he did not have enough information to make a decision. Mayor Buckley addressed Section 6.08 of the Development Agreement with Civic-Laing, LLC., regarding Mello-Roos Financing. He clarified that the City creates CFD's, but there is not technical obligation to do so, just a - spirit that the CFD would be created at some point. He addressed the issue of timing, and indicated that he had no problem creating CFD's, ifhe knew they would be able to pay for themselves, and right now they are all coming along pretty well. He suggested that he was unclear about the point of wasting time and money on a CFD that might be meaningless. He noted that he realized there was no legal obligation to the future by passing the agreement to start the CFD process, however, it would be perceptually presumptive in the public's mind and he was concerned about that presumption. He indicated that he was also concerned about the staff report on the number of homes, the elementary school, etc. and indicated that he did not know if the School Board would agree with staff s position on that issue. He addressed the possibility of delaying the beginning of the project, and stressed that it was a project for which the Council had not seen the map. He questioned starting the process when it could come forward at a later date, and the Council could say no. He stressed that this would then be wasted time. He addressed past Council changes and noted that there would be a policy manual review study session next month, and that was something that would need to come up for discussion. _ Page Fifty-Seven - City Council Minutes - March 9, 2004 City Attorney Leibold clarified that the formation of the CFD would not occur and was not contemplated until after the entitlements have come to the Planning Commission and the City Council. She stressed that this action was not the Resolution of Intention, which would start the formation. Mayor Buckley indicated that his comments would still stand. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 2 - 1 - 2, WITH COUNCILMEMBERS KELLEY AND SCHIFFNER VOTING YES, MAYOR BUCKLEY VOTING NO AND COUNCILMEMBERS HICKMAN AND MAGEE ABSTAINING FROM VOTE TO APPROVE THE DEPOSIT AND REIMBURSEMENT AGREEMENT WITH LAING-CP LAKE ELSINORE, LLC. CITY ATTORNEY LEIBOLD CONFIRMED THAT THIS VOTE WOULD APPROVE THE ITEM. 7. Service Agreement for Pest Control of City Facilities - Robbins Pest Management - $2.640/year. (F:68.1)(X:161.1) City Manager Watenpaugh explained that this was an item for bids for a contract for pest control in public facilities. He advised that the current contract ends this month, and noted that Robbins Pest Control was the low bidder. He noted that Mr. Morton would also like to speak on this item. Bill Morton, Morton Pest Control, indicated that he had been dealing with the Stadium, since the day it opened and was very familiar with the work. He noted that he was the only one present for the bid opening on February 25th, He indicated that he had based his bid no power spraying of City buildings, and stressed that it did not say hand tank or back pack. He addressed the chemicals, manpower and equipment required to do the work. He noted that the company to be awarded the bid would be using a back pack to do the spraying. He stressed that the request was for power spraying and it should be required. Public Works Manager Payne thanked Mr. Morton for the fine work he had Page Fifty-Eight - City Council Minutes - March 9,2004 - done at the Stadium, but in the spirit of competition it was put out for bids, and Robbins Pest Control was the low bidder. He indicated that they walked the project with Robbins Pest Control and had been assured that they could perform the services. He recommended acceptance of the low bid, and noted that Mr. McDonough was present if there were questions. Mayor Pro Tern Kelley pointed out that if there was any doubt on the bidding, the bidders could submit a written request for interpretation and inquired if Mr. Morton had done so. Mr. Morton indicated he had not. Councilman Hickman suggested that if Robbins could do it, it would be good to give them a shot. Councilman Schiffner indicated that he could see the difference in equipment, but questioned the efficiency of dragging a hose around. He suggested it could be done easier with a backpack. He noted that the overall cost was less than half Mr. Morton's bid. He suggested giving Robbins a shot, and if they don't perform get someone else. - Councilman Magee concurred that there was a significant cost difference, but commended Mr. Morton on a fine job. He noted that this was for a one year contract and he heard from Public Works Manager Payne that the contractor would be held to the same standard established by Morton, in their tenure. He noted that the bar had been set pretty high, but there was someone new who could do the work for considerably less cost. He indicated that he was o.k. with this approval, provided they did the work for one year and staff carefully analyzed the work before extending the contract. Mayor Buckley concurred and noted the comparison of bids between facilities, with the major difference being between Robbins and Morton for the Stadium. He suggested with the variation in costs on the Stadium, staff would need to be particularly careful. - Page Fifty-Nine - City Council Minutes - March 9,2004 MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE BID OF $220 PER MONTH ($2,640 PER YEAR) AS SUBMITTED BY ROBBINS PEST MANAGEMENT AND AUTHORIZED THE CITY MANAGER TO EXECUTE A CONTRACT, AS APPROVED BY THE CITY ATTORNEY, FOR A PERIOD OF ONE YEAR, RENEWABLE UP TO THREE YEARS. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 10:01 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 10:04 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Paula Graver, 218 Ellis Street, noted that the one year anniversary of the Support the Troops rallies was approaching, and detailed the events planned for Saturday, March 12th. She noted that the Mayor could not attend, but Mayor Pro Tern Kelley would be present to read the Resolution adopted by the Council. She reminded the community of the hours that military personnel serve 24 hours a day, seven days a week. She reiterated her vow that the rallies would continue as long as there are men and women in harm's way. Edith Stafford, 29700 Hursh, questioned if a three vote majority was required for an item to carry. City Attorney Leibold clarified that it required a majority ofthe City Council, but explained that abstentions count as affirmative votes. Mayor Buckley noted that the exception was for Ordinances. City Attorney Leibold further clarified the 2 - 1 - 2 vote. Mrs. Stafford indicated that she would need to review that information further. She noted that she really came to speak because she did not take kindly to statements that were made, which felt like an insult to her intelligence. She addressed the comments that Councilmembers would set goals for the City Manager with an ulterior motive; and disagreed that there were ulterior motives. She indicated that the voters wanted reform and she felt that was being attempted; and noted that there did not have to be agreement on everything. Page Sixty - City Council Minutes - March 9,2004 She suggested that pointing out what was not agreed with would help to correct things. She suggested that acting like there were no problems was insulting her intelligence; and noted that for the first time she felt comfortable that something real was being done. She further suggested that the Council did not want her to tell them exactly what was going on before the public. Tom Solack, 33609 View Point Drive, indicated that he was the owner of a company and interested in a piece of property for his manufacturing business. He indicated that he found out today that it was commercial property, located next to E Z Products. He questioned the potential for changing the zoning to house his new facility with about 200 employees. Mayor Buckley noted that changes were made regularly, when deemed appropriate. He deferred the matter to staff. City Manager Watenpaugh indicated that staff could explain the requirements to Mr. Solack. George McDonough, noted that he had been a resident for 14 years and operated a small business. He commented on the growth of the community in that time, and the pending large retail development. He suggested that large retailers do not invest in a community with major problems. He commented on two individuals who degraded the community and noted a letter to the editor regarding the Whiskers story in the Californian. He chastised the Californian for the caliber of their reporting. He expressed concern with articles written by Will Bennett (The Californian) and Bill Reimbold (Elsinore Magazine), which were half truths. He indicated that he did not understand the disjointed logic. He addressed an article suggesting that Lake Elsinore Unified School District lost favorite teachers to mostly white schools, and challenged them to provide the names of the teachers and the schools. He suggested if they could not provide that information, they should keep their opinions to themselves. He commented that everyone had the right of freedom of speech, but not defamation. Peter Dawson, 18010 Grand Avenue, spoke as a concerned waterfront homeowner, and noted the presentation on water at the well dedication ceremony. He highlighted the point that 1/3 rd of the water would have to come from natural sources, which is rain. He expressed concern with Canyon Lake water being held - - - Page Sixty-One - City Council Minutes - March 9, 2004 back for drinking water; and not being allowed to overflow to Lake Elsinore. He questioned why the City would partner with an organization that cheats and steals from the citizens of Lake Elsinore Valley. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Advised Mr. Askins that he would look into the policy for naming of the fishing beach and bring back a memo for direction from Council. 2) Addressed Donna Morin and noted that he appreciated the comments on the Water District's contributions. He noted that staff was working to put in the second door for access to the Cultural Center basement. 3) Addressed Lorraine Watts, and indicated that Councilman Magee had requested that he speak with Comcast regarding the broadcasts from the building. 4) Acknowledged the new appointees to the Commissions and Committees. 5) Thanked the Council for setting goals for him, and noted that he looked forward to accomplishing all of them. 6) Requested that if Mrs. Stafford knew of something going on, she should come in and talk to him. He noted that she had been in his office once before, as had Mrs. Hyland. He indicated that he would like to know what was going on. 7) Noted that the Council received material today from a Nevada Hydro Company, with four disks on the storage program, which he would look at and make available to the Council. Page Sixty-Two - City Council Minutes - March 9, 2004 - 8) Addressed the issues presented by Mr. Dawson regarding the holdback and pumping and noted that it was part of the settlement agreement to settle litigation. 9) Indicated that he had a couple of letters for the Mayor to review at City Hall. CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) Confirmed that the holdback and pumping of water was part of the settlement agreement. COMMITTEE REPORTS - No Reports. CITY COUNCIL COMMENTS Mayor Pro Tern Kelley had no comments. Councilman Magee commented on the following: 1) Indicated that since the City was a party to the Water Agreement, he would like to get up to speed on it. He noted that he could see that the dam was ready to come over, and the facility was pumping. He requested a copy of the agreement so he could review it and get up to speed. 2) Addressed the Bond and Debt Study Session and indicated that it was very informative. He commended staff on the comprehensive materials presented and noted that they would be available at the front counter and the library for review and offered his copy for check-out. - Page Sixty-Three - City Council Minutes - March 9, 2004 3) Noted that he was invited to watch the wells start-up last week and commented that it was a significant and historic event. He indicated that he was taken by the perspective of the valley from that vantage point and encouraged the community to participate in activities that center on the Lake. 4) Noted a complaint received last month from a resident, regarding services provided by the Animal Friends of the Valley, and indicated that he submitted it for response. He advised that he had received a two page response that went above and beyond the call of duty. He commended the Animal Friends organization for their work. 5) Addressed Mrs. Watts on her comments regarding the audio in the Cultural Center, noting he had brought the issue up a couple of times. He noted that the contract with Comcast was up in June of2005, and suggested that this long term complaint be resolved soon. 6) Noted that at the Study Session today, he brought up a concern about the warrant list and a settlement he questioned a while back. He indicated that he had not yet seen the check from the former City Manager. City Manager Watenpaugh clarified that the warrant list was of expenditures, not receipts. Councilman Magee suggested that it should have shown up in the fund list. City Manager Watenpaugh indicated that the check had been deposited and he would be happy to provide a copy. 7) Noted the City Manager's weekly information memo and the attachments from the Police Department. He explained that it was a detailed list of items they were involved in and noted a situation in which a deputy who was on foot chasing a robbery suspect, shattered several bones in his hand and continued the apprehension and drove himself to the hospital. He stressed the special nature of law enforcement officers and commended the officers for their efforts. Page Sixty-Four - City Council Minutes - March 9,2004 - Councilman Hickman commented on the following: 1) Indicated that the dinner for Whiskers on the 13th, had been cancelled and provided the address for donations. 2) Thanked those involved in the memorial service for Whiskers for their contributions to the event. 3) Thanked the Water District for the Well Ceremony. Noted that he was serving on the RTA Operations Board and they had initiated a program for seniors and disabled riders. He explained that if they called for a ride and one was not available, they would call them a taxi, and it would cost the individual $1.50 to get around. He commented that one of his interests was to see how to get buses running for seniors and other residents. \ Councilman Schiffner commented on the following: 4) - 1) Requested that the 'City Attorney's office put together some answers to the comments that Pete Dawson had made. He noted that there was some confusion, but he was sure the current license allowed them to proceed as they were. 2) Wished that all meetings could have the crowd in attendance, like the Country Club Heights meeting, noting that it was invigorating to see that many interested people. Mayor Buckley commented on the following: 1) Addressed the naming of the fishing beach, and suggested that an action item be brought back to the next meeting. He noted that he had discussions at the memorial and talked with family members and a permanent recognition of his efforts was mentioned. - Page Sixty-Five - City Council Minutes - March 9,2004 2) Thanked everyone for their willingness to serve on commissions and committees. 3) Noted that the Island Wells were extremely important and commented that it was a Chamber of Commerce Day. 4) Announced the Study Session on Goals and the Capital Improvement Budget scheduled for Thursday, March 11, 2004 at 5 p.m. ADJOURNMENT MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10:25 P.M. ~~R CITY OF LAKE ~INORE ~W VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE