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HomeMy WebLinkAbout04-13-2004 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 13,2004 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5 :00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY ABSENT: 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, Parks & Open Space Manager Fazzio, Recreation/Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b)(3)(C) of Gov't Code Section 54956.9. (I case) (F:40.1)(X:52.1) City Attorney Leibold announced the Closed Session topic as listed above. Page Two - City Council Minutes - April 13, 2004 - THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:01 P.M. The Closed Session discussion was completed at 6:06 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Buckley reconvened the Regular City Council Meeting in Public Session at 7 :03 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Canyon Lake Mayor John Zaitz. INVOCATION - MOMENT OF SILENCE - Mayor Buckley led the meeting in a moment of silent reflection. PRESENT A TIONS/CEREMONIALS a. Presentation - Student Photo Contest Winners. (F:142.1)(X:44.1)(X:56.1) Mayor Buckley noted that Councilman Hickman, Canyon Lake Mayor Zaitz and Water Board Director Hyland would be assisting with this presentation. Mayor Buckley noted that he would read the base proclamation and later recognize each class by name. Mayor Buckley read the proclamation, and each teacher and class was recognized. Mrs. Lackey expressed pride in her class and their efforts. Mr. Haas indicated that his kids found a lot of good things in the community. Mrs. Raines expressed pride in the work of her students. Mrs. Irvine noted that she had one student who participated on behalf of her class. - Page Three - City Council Minutes - April 13, 2004 Canyon Lake Mayor Zaitz explained that the contest was a result of the CAP contest. He noted that he and Councilmembers Hickman and Kelley had decided to work together on a project that was good for the community, and wanted the kids to point out "What is Right with the Community". He noted the contributions received for prizes and indicated that there was seed money to make the contest bigger and better next year. He indicated that the hard work of Councilman Hickman in getting the cameras and prizes was essential to the effort. He also indicated that gift certificates were donated by the Outlet Center. b. Proclamation - Sav-On Drug Store. (F:122.1) Mayor Buckley called Sav-On General Manager John Seymour forward for presentation. He noted that they were honored as best new store in the Country, and read and presented the Proclamation to Mr. Seymour. Mayor Buckley further recognized Sav-On, as the outstanding Business of the Quarter. Mr. Seymour indicated that these were trying times for the company, and thanked everyone for visiting their store. He noted that last year they had the highest sales in the history of their presence in the community. c. Presentation - Economic Development Agency. (F: 140.5) Jamil Dado, Workforce Development Board Chairman, commented that they felt Lake Elsinore was a great City and they wished that more cities would do what the City does. He presented Proclamation a to Mayor Buckley on behalf of the City and stressed the City's vision for youth. Mary Joe Ramirez, Program Director for the Youth Opportunity Center, congratulated the City on its efforts and noted that very few cities were forward thinking with regard to young people. She noted that she had lived in the community for 14 years and it was awesome to participate with the lead agency. She stressed the importance of preparing the young people for growth within the community; and connecting young people with work Page Four - City Council Minutes - April 13, 2004 - experiences. She noted that the biggest challenge in this area was bridging the gap between the young person and the employer; which is accomplished by "Planet Youth". CLOSED SESSION REPORT City Attorney Leibold reported that the City Council met in closed session at 5:00 p.m. for one item of anticipated litigation as listed on the agenda with no reportable action. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Charlene Cleary, 15990 Annette Drive, representing the Lake Elsinore Historical Society and the Riverside Historical Commission, noted that they had asked to take a look at the house in the park on Riverside Drive. She indicated that they had access to a preservation specialist team who entered the house on April 5th and - concurred that bringing the house up to State code would cost about $250,000; and noted that there was about a year before severe damage would occur. She indicated that without further documentation, it appeared to have been built about 1916, and stressed the potential for restoration. She commented that the house was not in the way of the entrance, and might be eligible for CDBG funding. She suggested consideration of preserving the building; and indicated that right now it needed to have the shrubs and leaves cleaned up. She further indicated that they needed time to look at the history of the home and the possibility of grants for restoration. She commented that this type of home was cherished on the east coast, and stressed that it should not be tom down. J.J. Swanson-O'Neal, 1403 W. Heald, stressed that the building could still be saved and requested time to address the history of the building further. Ron Hewison, 35 Villa Valtelena, commented that they were on Franklin Street on April 3rd and saw a couple of guys fighting in the street, and they broke it up and called the police. He indicated that there were three squad cars there right away - Page Five - City Council Minutes - April!3, 2004 and they got action. He congratulated Mark Cordova on his recognition as Deputy of the Year. Lorraine Watts, P. O. Box 518, invited the Council to participate in the NAACP Scholarship Lunch on May 8th at the Diamond Club at 11 a.m. She indicated that there would be an emphasis on the 50th Anniversary of Brown vs. The Board of Education. She explained that the case related to the desegregation of schools, and encouraged attendance at the event. Mike Franklin, 289 S. Terra Cotta Road, indicated that they moved to the community a year ago last April; and expressed concern with the vandalism and racism in the neighborhood. He commented that they had received limited assistance from the police and requested the Council's assistance. Jacqueline Williams, 15300 Washington Avenue, indicated that she is from the same neighborhood as Mr. Franklin, as her street intersects with Terra Cotta. She commented that there had been car break-ins, windows broken, houses vandalized, things stolen, and racial slurs painted on the sidewalks. She stressed that they were all new residents adjusting to the community and they were frustrated with trying to feel safe and secure in their homes. She indicated that the Sheriff s department couldn't do much, but requested that the Council address the problem and assist them. She commented that Councilmembers Kelley and Buckley had suggested a town hall meeting, and they are in favor of that approach. Mayor Buckley suggested a town hall meeting at Terra Cotta Middle School. Councilman Magee concurred that would be a great idea, and expressed sensitivity to their concerns. He commented that similar concerns drove him to run for the City Council; and suggested the town hall meeting for April 22od. City Manager Watenpaugh noted that was the date for the City sponsored Chamber mixer. Mayor Pro Tern Kelley noted that she received the e-mail on this neighborhood, as well as complaints from the other side of the lake; and suggested including both tracts of homes in the meeting. She assured the residents that there would be flyers announcing the meeting. There was general discussion of possible dates. Councilman Magee suggested having staff look into availability and get back with Page Six - City Council Minutes - April 13, 2004 - a firm date, time and location for confirmation on the 27th. He stressed the importance of getting as many people as possible to attend that meeting. CONSENT CALENDAR MOVED BY MAGEE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR WITH THE TYPOGRAPHICAL CORRECTIONS TO THE MINUTES AS DISCUSSED AT THE EARLIER MEETING. 1. The following Minutes were approved: a. b. Revised Regular City Council Meeting - January 27, 2004. Joint City Council/Redevelopment Agency Study Session - February 10, 2004. Regular City Council Meeting - February 10,2004. Joint City Council/Redevelopment Agency Study Session - March 9, 2004. City Council Study Session - March 11, 2004. Regular City Council Meeting - March 23,2004. (F:44.4) - c. d. e. f. The following Minutes were received and ordered filed: g. Planning Commission Meeting - March 16,2004. (F:60.3) 2. Ratified Warrant List for March 31,2004. (F:12.3) 3. Approved Proclamation recognizing Crime Victims' Week, and directed staff to transmit to requestor. (F:122.1) 4. Rejected and referred to Claims Administrator the Claim Against the City submitted by Shawna Cromley (CL #2004-1). (F:52.2) 5. Adopted Resolutions of Intention Nos. 2004-20 and 2004-21, to Annex - Page Seven - City Council Minutes - April 13, 2004 Property into Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) and to Authorize the Levy of a Special Tax within Annexation Area No. 7 (City Center Townhomes Phase II) and Annexation Area No.8 (Viscaya) - Resolution No. 2004-20 and 2004-21. (F:22.3) RESOLUTION NO. 2004-20 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO ANNEX PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO.7 (CITY CENTER TOWNHOMES PHASE II). RESOLUTION NO. 2004-21 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO ANNEX PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO.8 (VISCAYA). 6. Authorized the City Manager to Approve an Agreement with HDR Engineering, Inc. to Prepare CEQA Compliance Documents for Lake Elsinore Square (Home Depot) shopping center. (F:68.1) 7. Approved Amendment to and reassignment of the License Agreement of the Old Library Building with the licensee to be the County of Riverside Economic Development Agency; the term to be year-to-year, not to exceed three years; and 180 day termination notification. Further approval was granted for the City Attorney and the Director of Community Services to Page Eight - City Council Minutes - April!3, 2004 - negotiate with the EDA and County Counsel on a License Agreement for execution by the City Manager. (F:68.1) 8. Approved the Deposit and Reimbursement Agreement between the City and Corman Leigh Communities. (F:68.1) PUBLIC HEARINGS 21. M-2004-1 - Miscellaneous Design Review of Canyon Hills Fire Station. (F: 127.3) City Manager Watenpaugh noted that the proposed fire station would be located on Railroad Canyon Road and deferred to Community Development Director Brady for presentation. Community Development Director Brady explained that this item was for the design review of the third fire station in the Canyon Hills Specific Plan area. He advised that the design was similar to that of Station 85 in McVicker Park, however the outside of the building would have treatments to tie it into the Canyon Hills area designs. He indicated that the facility would be just over 6,200 square feet, with two bays on a 2.8 acre site on Railroad Canyon Road near Canyon Hills Drive. He noted that Pardee Homes would be constructing the facility and turning it over to the City when it is complete. He indicated that they wanted to get the station on line as quickly as possible. I - Jim Stringer, 1181 California Avenue, Corona, representing Pardee Homes, offered to answer questions. Mayor Buckley opened the public hearing at 7:41 p.m., asking those persons interested in this item to speak. There were no public comments. Councilman Hickman inquired if the design was the same as that used by the County. Community Development Director Brady indicated that it was similar to what the County had been using. Councilman Hickman noted _ Page Nine - City Council Minutes - April 13, 2004 that there would be a break in the median and indicated that it was an excellent location. He looked forward to its completion. Mayor Pro Tern Kelley questioned the time line for the station. Mr. Stringer indicated that they would like to get the grading started next month and be done by the end of the year. Mayor Pro Tern Kelley expressed support. Councilman Magee commented that while the floor plan was consistent with the other new fire stations, it looked like the builder had gone the extra mile on the building elevations. He indicated that the facility would be very upgraded and very sharp, and look nice. He further indicated that the landscape plan showed excellent attention to detail, including preservation of the old California oaks. Councilman Schiffner commented that the station would be an attractive and useful addition to the community. Mayor Buckley closed the public hearing at 7:39 p.m. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE DESIGN OF THE PROPOSED CANYON HILLS FIRE STATION AND M 2004-01, BASED ON THE FOLLOWING FINDINGS, AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. FINDINGS 1. Subject to the attached conditions the proposed project is not anticipated to result in any significant adverse environmental impacts. The 2003 Addendum to the 1989 Final Canyon Hills Specific Plan Environmental Impact Report, which was prepared in accordance with Section 15164 of the State CEQA Guidelines, provides the necessary environmental clearances for the proposed fire station. The proposed fire station is permitted Page Ten - City Council Minutes - April 13, 2004 - by right under the Canyon Hills Specific Plan. Accordingly, staff believes the proposed fire station implements the land use objectives and requirements of the Specific Plan and finds that further environmental evaluation is unnecessary . 2. The project complies with the Goals, Objectives and Policies of the General Plan and the Canyon Hills Specific Plan, as approved. The proposed fire station is located within a master-planned area defined as the Canyon Hills Specific Plan by the City General Plan. The Canyon Hills Specific Plan designates the project site as Institutional (Fire Station). Construction of the proposed fire station at the project site implements the land use objectives and intentions of the Specific Plan. 3. The project complies with the design directives contained in Chapter 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. _ Staff finds the proposed fire station complex to be well designed. The natural hillside and topography along Railroad Canyon Road form a pleasant backdrop to the fire station complex. The fire station building itself is also architecturally pleasing with its use of dormers, roof gables, and stacked stone veneer. The County Fire Department has reviewed the fire station's design and has not expressed any concerns or issues. 4. Conditions and safeguards pursuant to Chapter 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the project to ensure development of the property in accordance with the General Plan, Municipal Code, and Canyon Hills Specific Plan, as approved. The project is required to comply with those conditions of approval attached to this staff report. Appropriate compliance schedules are also established to ensure staff can properly monitor implementation of conditions. - Page Eleven - City Council Minutes - April 13, 2004 CONDITIONS OF APPROVAL PLANNING DIVISION 1. Miscellaneous Design Review approval for M 2004-01 will lapse and be void unless a building permit is issued within one (1) year of the approval date. An extension of time, up to one (1) year may be granted by the Community Development Director prior to the expiration of the initial Design Review approval upon application by the developer and payment of required fees one (1) month prior to expiration. 2. All construction shall comply with these Conditions of Approval and those provisions and requirements contained in the Canyon Hills Specific Plan, Zoning Code and Municipal Code, prior to issuance of certificate of occupancy and release of utilities. 3. Project buildings and structures and all site improvements shall be constructed as indicated on the approved site plan, landscaping plan, and building elevations, subject to approval by the Community Development Director or designee. 4. Any revisions to approved site plans or building elevations shall be reviewed and approved by the Community Development Director or designee. 5. Final offsite roadway improvements along Railroad Canyon Road shall be presented in street improvement plans, which require approval by the Engineering Manager. 6. The applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City Engineer. Page Twelve - City Council Minutes - April 13, 2004 - 7. The applicant shall comply with all applicable City Codes and Ordinances. 8. Prior to issuance of building permit, building plans for the fire station shall comply with all American with Disabilities Act (ADA) requirements. 9. Trailers utilized during construction shall require a bond subject to the approval of the Community Development Director or Designee. 10. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 11. The design and construction of the project shall meet all County Fire Department standards. - I2.All mechanical and electrical equipment on the building shall be ground mounted. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened along with substantial landscaping, subject to the approval of the Community Development Director, prior to issuance of building permit. I3.The project shall be properly landscaped with an automatic (manual or electric) irrigation system to provide 100 percent plant and grass coverage using a combination of drip and conventional irrigation methods. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee. A Landscape Plan check fee will be charged prior to final landscape approval based on the Consultant's fee plus 40 percent. · The applicant shall plant street trees, selected from the City's Street Tree List, at a maximum of 30 feet apart and at least 24-inch box in size. - Page Thirteen - City Council Minutes - April 13, 2004 . Planting within 15 feet of ingress/egress points shall be no higher than 36 inches. . The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. . All landscape improvements shall be bonded with a 100 percent Faithful Performance Bond for materials and labor for two years from Certificate of Occupancy. . All landscaping and irrigation shall be installed within an affected portion of any phase at the time a certificate of occupancy is requested for any building. . The Final landscape plan shall be consistent with any approved site and Preliminary landscaping plan. . The Final landscape plan shall include planting and irrigation details. 14.Comply with the Mitigation Monitoring Program that was prepared for the 2003 Canyon Hills Specific Plan EIR Addendum. IS.Prior to issuance of any precise grading permit or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 16. These Conditions of Approval shall be reproduced on subsequent building plans prior to issuance of building permit. Page Fourteen - City Council Minutes - April 13, 2004 - 17.Proposed trash enclosure shall be designed according to City standards, subject to review and approval by the Community Development Director. Enclosure walls shall be decorative block. 18.The applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Saturday. 19.All signage shall require issuance of a City Sign Permit, as appropriate. 20. The applicant shall use concrete tile roofing materials with a Class "A" fire rating. 21.Prior to commencement of grading operations, the applicant shall provide a map of all proposed haul routes to be used for movement of dirt material. Such routes shall be subject to review and approval by the Engineering Manager. A - bond may be required to pay for damages to the public right-of-way, subject to approval by the Engineering Manager. 22. Submit a "Will Serve" letter from Southern California Edison stating that electrical service will be provided to the project. 23. The proposed storage facility shall be designed consistently with the proposed fire station and shall utilize the same materials and colors. ENGINEERING DIVISION 24.Provide left turn access from west bound Railroad Canyon Road onto the project site. Improvements shall include construction of a median opening at the project entrance that accommodates a left turn pocket for the west bound movement onto the site. The left turn pocket shall be designed to accommodate a minimum design speed of 45-MPH. - Page Fifteen - City Council Minutes - April 13, 2004 25.The median opening at the project entrance shall be designed to accommodate left turn movements out of the project. 26.Construct Caltrans Standard traffic signal with type 90 controllers as specified by the City's Traffic Engineer. Traffic signals shall be actuated by standard traffic loop detectors as approved by the City Engineer. Traffic Signal shall be operational prior to occupancy. 27.The applicant shall provide a sight distance study for east and west bound directions on Railroad Canyon Road. The study shall document the available clear sight distance to and from the project entrance. In the event the sight distance is less than 700-feet, a flashing beacon - 'Signal Ahead' sign shall be installed per Caltrans Standard. If the flashing beacon - 'Signal Ahead' sign is required, it/they shall be operational simultaneous to the traffic signal becoming operational. 28.Development shall protect the proposed fuel tank against spills and leaks in accordance with standard hazardous materials storage methods and in compliance with the National Pollution Discharge Elimination (NPDES) regulations. 29.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to certificate of occupancy. 30.All Capital Improvement and Plan Check fees shall be paid (LEMC 16.34, Resolution 85-26). 31.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 certificate of occupancy. Page Sixteen - City Council Minutes - April 13, 2004 - 32.All public works improvements shall be constructed per approved street plans (LEMC 12.04 and 16.34). 33.Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to certificate of occupancy. 34.All applicable fees shall be paid and the applicant shall comply with all requirements of the encroachment permit as issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 35.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 public works improvements will be scheduled and approved. _ 36.Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to certificate of occupancy. 37.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. 38.Provide street lighting and show lighting improvements as part of street improvement plans as required by the Engineering Manager. 39.Applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 40.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. - Page Seventeen - City Council Minutes - April 13, 2004 41.All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with the City's ARC Info/GIS or applicant to pay $30 per sheet for City digitizing. 42.All utilities except electrical over 12 KV shall be placed underground, as approved by the serving utility. 43.Applicant shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. - 44.Applicant shall obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the 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. 45.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, applicant shall provide a document certified by a licensed Geotechnical Engineer or Licensed Geologist identifying the site as being outside the fault zone. 46.All grading shall be done under the supervision of a Geotechnical Engineer and he/she 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. 47.Convey on site runoff 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. Page Eighteen - City Council Minutes - April 13, 2004 - 48.0n-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final drainage plans. A note should be added to the final drainage plans stating: "Drainage easements shall be kept free of buildings and obstructions". 49.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. 50.Submit Hydrology and Hydraulic Reports for review and approval by the Engineering Manager and the Riverside County Flood Control District prior to issuance of building permit. Applicant shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 51.All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. - 52.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. 53.Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains shall drain to a landscaped area whenever feasible. 54.Ten (10) year storm runoff should be contained within the curb and the one hundred (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. 55.A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed storm water run-off on private property. 56.Applicant shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. - Page Nineteen - City Council Minutes - April 13, 2004 57.Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 58.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. 59.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. 60.Applicant shall provide for flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 61.Intersection sight 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 sight distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 62.In accordance with the City's Franchise Agreement for waste disposal and 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. Page Twenty - City Council Minutes - April!3, 2004 - 22. Resolution No. 2004-22 - Approving the Annexation of Territory and the Levy of Assessments for Lake Elsinore Landscape and Street Lighting District No.1 as Annexation Area No.2. (F:22.2) Administrative Services Director Pressey explained the provisions of the Lighting and Landscape Maintenance District Act of 1972, and noted that this was the second annexation to this district. He detailed the square footage of the right-of-way it would address and noted that it would include four street lights. He advised that the first year it would be $440 per unit to include the reserve, and $303.93 each year thereafter. He explained that after any public testimony, there was a sealed ballot to be reviewed. Mayor Buckley opened the public hearing at 7 :40 p.m., asking those persons interested in this item to speak. There were no public requests to speak. Councilman Hickman explained the location of this property near the _ driving range, behind the school, off Sixth Street and Lakeshore. He noted that they would now have the highest LLMD bill in the City. Mayor Buckley closed the public hearing at 7 :45 p.m. The Meeting was paused for ballot tabulation. City Clerk/Human Resources Director Kasad reported no majority protest to the proposed annexation. MOVED BY HICKMAN, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-22, APPROVING THE ANNEXATION OF TERRITORY AND LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO.1. - Page Twenty-One - City Council Minutes - April 13, 2004 RESOLUTION NO. 2004-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO.1 AS ANNEXATION AREA NO.2. 23. Public Hearing for Consideration of Objections to the City's Weed Abatement Program. (F:166.1) City Manager Watenpaugh deferred to Parks & Open Space Manager Fazzio for the presentation and clarification of some of the common questions. Parks & Open Space Manager Fazzio noted that they had received an overwhelming response to the notices mailed out, and explained the weed abatement program goals. He noted a fire in the Country Club Heights area in 2001 and the San Diego fire last year, and stressed that fire goes up hill three times faster than it goes across flat land. He detailed the process and key dates starting with the mailing of notices to property owners. He advised that the deadline for abatement was May 1 st and staff would begin abating properties on May 3rd. He further advised that the billings would be placed on the August 10th tax rolls. He presented slides of the types of issues targeted by the program, including dead trees, high weeds, brush, obstruction of visibility, illegal dumping of trash, dry brush and piles of dirt. He noted that the undergrowth on trees would be included to prevent the homeless from residing there or dumping trash and debris. He noted a motor home found under a tree when the tree was trimmed. He presented slides of appropriate tree trimming and weed removal. He noted that there were several frequently asked questions regarding the receipt of notices, how to locate the property boundaries, access to lots, etc. Page Twenty-Two - City Council Minutes - April 13, 2004 - He thanked Information/Communications Manager Dennis for his assistance with this presentation. Mayor Buckley opened the public hearing at 8:00 p.m., asking those persons interested in this item to speak. He also read the name of Mailey Davis into the record, due to her difficulty speaking English; and noted her opposition to the notice she received. John Mavis, resident of Hollywood, California, noted that his father got a lot in the Heights, and had been paying taxes on it for about 75 years. He indicated that he tried to find out who owns the other properties in the area, but he was still not sure where his property was. He noted that it was very expensive to get utilities to the area, and there are no signs to indicate what needs to be cleaned. He suggested that paying $250 per year is ridiculous when he only pays $64 per year in taxes, which he thought was used to keep the property clear and fire free. _ Elder Cooper Hagans III, 22528 Ridgewater Way, Moreno Valley, indicated that he was present on behalf of Mr. & Mrs. Hatch, who own property in the hills of Country Club Heights. He indicated that when they got the notice a week ago, he tried to locate the property and could not even find the street. He commented that no one had the information to pinpoint the location. He stressed that there were no surveyors stakes or identifying marks. He indicated that they would love to comply if they could locate the property. Bruce Ingram, resident of San Diego, indicated that they had a parcel in the floodplain or back basin of the East Lake Specific Plan; and walked out on the levee to the property, which is marked "Wildlife Habitat Area". He suggested that the property was landlocked with no access allowed in the designated habitat area. He expressed concern with the potential of destroying brush in a sensitive area. He noted the MSHCP requirements and expressed uncertainty as to how their property would be impacted by it. He suggested that the Council consider an option for granting extensions of time to address these maters. - Page Twenty-Three - City Council Minutes - April 13, 2004 Mark Schmetter, for his mother Yvonne Dirks, 201 Grand Avenue #351, Carls bad, California, indicated that he came to check the property and could not find it, as the roads were not marked. He suggested that the process was too fast and there should be a period of time to get more organized. He indicated that he did not know how to proceed with the property. He concurred with the prior comments and indicated that he had been paying taxes on the property for 45 years, which should help to cover the costs to remove the weeds. Jim Perkins, 4100 Casita Way, San Diego, indicated that he was speaking for a member of his family who had held property in the back basin since the 1950's and paid taxes the whole time. He commented that the reasons for abating the property seemed to be the elimination of fire dangers, getting rid of rubbish and garbage, and removing places for the homeless. He clarified that where his property was located in the back basin, it was surrounded by the levee and water on two sides, and habitat on one side. He indicated that it seemed that the fire hazard was very low; and the area plan for wildfire susceptibility was considered low, and no contiguous properties would be endangered by fires in the area. He commented that the property seemed to be covered with native vegetation, no trees, no mounds of dirt or rubbish problems. He noted that there was signage near the Diamond that designated the area as a wildlife habitat, and suggested areas such as this should have a different consideration. He suggested that there were many parcel owners for who the cost of abatement would be exorbitant. He noted that for a long time his property was under water; and expressed concern that it could cost up to $10,000 for a survey of the parcel, as there were no points of reference to start from. He suggested that in the spirit of conservation the area should be left alone to exist as it was. Joe Bergman, resident of San Diego, noted that being from San Diego, he had a limited time to gain access to contractors or find adjoining land owners. He commented that the area of his property had no improved roads and it was difficult to let contractors know how to get in to do the work. Page Twenty-Four - City Council Minutes - April 13, 2004 - Michael Adams, resident of Vista, indicated that his family had owned their land for 35 years, and this notice came as some what of a surprise. He commented that he had been trying to get rid of abandoned vehicles and illegal dumping, but the burden was now on him. He indicated that he had been trying to get assistance, but could not. He commented that he wanted to work with the property owners, and suggested exemptions or exclusions might be helpful. He indicated that as far as picking up the trash, the dumping was illegal, and he went out there at least once a month. He indicated that the property was recreational and he did not intend to develop it. He noted that his property was 22 acres and there was no City road to the property, but it was annexed a number of years ago. He indicated that he was not an irresponsible property owner, as every month he takes a load to the dump in Perris. He noted that there was trash along the City unpaved roads, and questioned if that would be cleaned up. He indicated that he had been trying to get abandoned cars towed away. He suggested that the Council consider looking at the establishment of exclusions, questioning _ what could be done with a mountain of scrub brush. He stressed that his property was cleared of brush, but he could not stop people from dumping there. He expressed concern that some areas had dumping for over 20 years, but now it was his fault, and the City did not enforce the "no dumping" regulations. Mayor Pro Tern Kelley questioned the general area of his property. Mr. Adams indicated that it was past Temescal Canyon High School, on EI Toro Road; and noted that it was 22 acres in the area bordering the County of Riverside. He suggested that there might also be environmental issues on the property. Sanford Reed, 22610 Pintail Drive, Canyon Lake, indicated that his good news was that he basically knew where his property was located, as his family owned property off of Nichols Road, west of the Outlet Mall. He indicated that they owned nine acres in the area, but there were no markers, so they had to measure in 50 foot increments from a shack along the way. He addressed the undeveloped City roads, which are clearly designated on the maps; and inquired if the City would clear those roads with the - Page Twenty-Five - City Council Minutes - April 13, 2004 abatement. He suggested that the City should take responsibility for its own roads, as that would help the property owners to located their property. He questioned if someone owned ten plus acres, if they would need to clear the entire property or if they could make fire lanes. He questioned how much clearing was required. Lolene Swallow, 25587 Orion Court, Sun City, indicated that she had property in Country Club Heights, around Ingalls Circle and the water tower. She noted that ten years ago she was told that she was not included in the weed abatement area; but she did not want to chance it this time. She expressed hopes that she was still excluded because she was on a slope. She indicated that she really did not know where the property boundaries were located, as they had not been surveyed. She indicated that if she was not excluded due to the slope, she would need more time to clear the property. She inquired if she should call to find out what to do. Mayor Buckley indicated that the questions would be answered at this meeting. Paul Williams, 24330 Big Bear Lane, Corona, indicated that the letter was very specific, and he had a 110 square foot lot, which was totally landlocked with no parkways or roads. He stressed that his property was in the middle of nowhere, and questioned how to clear the lots. He suggested that based on the letter he would be exempt. He questioned the ability to charge $250 when there were no roads or parkways. Edward Stanton, 29726 Avenida de Cortez, Sun City, representing the Center for Natural Lands Management, addressed weed abatement, in light of the MSHCP. He indicated that he owned a lot in the City which was 29 acres, and there was a conservation easement over the properties below Tuscany Hills. He noted that there were three such properties with easement, two parcels owned by the City. He indicated that the removal of brush would be a violation of the permit. He commented that they were willing to work with the Fire Department in a minimal way to establish breaks. He indicated that he spoke with Code Enforcement about a year ago regarding street easements, as he did not want to see the area bum Page Twenty-Six - City Council Minutes - April 13, 2004 - either. He stressed that property owners could not intentionally violate State and Federal laws to abate weeds. He submitted a letter for the record. Jack Smith, resident of Orange, indicated that he owned a lot on Highway 74 and Palm, near the Albertson's at four comers. He commented that he read the instructions and it appeared that he was to cut to less than two inches on the property line, but he thought it was the whole property. He requested clarification of the issues and indicated that he would find someone who needed the work to clear the lot. Henry Kong, resident of Anaheim, indicated that he was a property owner in Country Club Heights since 1959, and was surprised to find that the brush was not too high. He noted that he got a letter saying he needed to clean it by May 1 st, but suggested getting $20 from everybody to help clean up the area. He noted that three was a $250 per parcel charge and he was retired. He suggested that a less expensive solution would be appreciated. _ James Reynolds, resident of Los Angeles, indicated that his family has numerous lots in the area: and commented that he understood the need to do abatement for fire, but he could not find some of the lots. He also noted that he was not sure who he could find to do the work. He suggested that this was a new program and a new issue that needed to be addressed right away. He noted the possible federal issues, and questioned the procedure for people who want to comply, but need a reasonable amount of time to do so. He suggested that a list of vendors who could assist, would be helpful. He indicated that he arrived in Lake Elsinore about five o'clock and could not find anyone. He expressed concern that the City did not know the locations of the properties either. He indicated that he would like to talk with staff to determine a procedure. Scott Woodard, representing Elsinore-Lakeview Estates, noted the size of lots in the hillside areas, and commented that they were part of the MSHCP. He indicated that he had the same issues with the violation of the - Page Twenty-Seven - City Council Minutes - April 13, 2004 Endangered Species Act. He suggested that from a public safety standpoint that was issue number one; but noted that his lots would not necessarily cause a public safety issue. He indicated that the problem seemed to lie in the application of the ordinance, which in his opinion, was too broad, with a very short time frame. He commented that notices began arriving two weeks ago and continued into last week. Gloria Tassel, resident of Huntington Beach, indicated that they had owned a lot since the 1950's and paid taxes. She commented that her interpretation of the letter was that they needed to keep the weeds to two inches, not just at one point, but going forward. She inquired if the intent was for quarterly clearing, and noted that the charge was not just $250, but there were also fees associated with the work. She commended the City on the presentation and noted that was why she attended this meeting to see what was wanted. She indicated that her property was on a slope, and she thought she found it. She commented that she did not know how to clean it other than sending workers or goats out, and questioned the right way to do the cleaning. She expressed concern with the required time frame, and suggested that it be reviewed and extended. She noted that the County had a 400 slope exclusion, and requested that the City adopt such an exclusion. JeffBairnsfather, 17375 Sunnyslope Drive, indicated that he supports the required abatement, as a year ago he lost his fire insurance because they inspected and determined that he was in a fire zone. He noted that there was a requirement to clear the property 200 feet in all directions and he had cleared 88,000 square feet, much of which was on a 600 slope. He indicated that he filled 300 forty gallon trash bags. He indicated that this action was good, but needed to be somewhat based on where the homes were. He suggested that there might also need to be an appeal process, since people can't tell where their properties are. He indicated that he would like to be present when they inspect after May 1 st, noting that he had 24 lots to address. Page Twenty-Eight - City Council Minutes - April 13, 2004 - A resident of Murrieta, indicated that she had owned her property for several years, as it was purchased by her father. She indicated that they had been thinking about building a home, and part of what they like is the view of nature. She questioned what would happen to the wildlife in the area if the brush was all cut down. She suggested that the entire City would be dry as people would cut the weeds and spray them with Roundup, so when the mud slides, the Roundup will end up in the Lake. She expressed belief that it was important to protect houses from fire, but she was not sure two inches was the answer. Norm Grady, resident of Highway 74, expressed hopes that the Council was sharing the property owners' frustration; and suggested that the developers in the County would be glad to comply with the letter and get rid of the coastal sage. He suggested that the MSHCP might be concerned with the nesting wildlife in the weeds. He stressed that those weeds were not to be touched. He commented that there were also a lot of problems with the time - frame, as he received the letter on Saturday and he owns a considerable amount of property in the County and inside the City limits. He indicated that he knows were his property is located, but other people are using it as a dumping ground. He indicated that the weeds were just starting to turn brown and he needed to wait until the rains were done, or the same issues would arise. He reiterated that the County did not require abatement of steep lots, and indicated that he was not sure how to remove the brush on the hillsides, when he can't get to it. He indicated that it would be difficult to find contractors to cut it. He noted for those people who don't know where their properties are, he had the name of a surveyor who was reasonably priced, but the timing would be an issue. He indicated that in his area, there were vehicles blocking roads and the Sheriff s Department could address them if they were informed where they were. He commented that he volunteered for Supervisor Ashley's task force on illegal trash dumping, and noted the particular concerns with the disposal of used tires. He noted that on one of his properties there had been a squatter who was charging people $10 to dump on the property. He stressed the serious problem trash - Page Twenty-Nine - City Council Minutes - April 13, 2004 was causing and suggested that there was a need to study the issue in depth and seek help from the community. Ben Lundy, resident of OJ ai, indicated that when he got the notice, he felt he had no choice but to attend this meeting. He noted that he had not been in the area for about ten years, but before that it was a fun place to come and visit. He commented that a lot had been done to the community. He indicated that he had property in Country Club Heights, south of Illinois and northeast of Sunnyslope. He indicated that there were no paved streets and well over 100 lots. He noted that many of the lots in that area were owned by senior citizens and suggested that the Council combine the lots and clear them under one contract, which would require less surveying. Y ogeshwar Chaturuedi, resident of Temecula, indicated that he owned property on which there was a dumping problem, on Mission Trail, in Country Club Heights and several other locations. He commented that Riverside County had increased the fee for dumping, so people were dumping anywhere. He indicated that two years ago his property was all clean. He suggested using Code Enforcement Officers to develop a practical common sense plan, so the City could become beautiful. He indicated that it should not be the responsibility of the land owner to do the work, when they have been paying the fine for weeds. He commented that he was doing the abatement and still getting fined. He noted that he spoke with Carol Gordon and the money was returned, but he had paid thousands of dollars and felt there should be some justice. He expressed hopes that the City would be cooperative, noting the short time frame. A resident of Corona, indicated that he was a property owner in the Sunset Knolls area and tried to go to his property last year, and found there were no roads to gain access. He indicated that he went again two weeks ago when he received the letter and tried to find it; but found out that he needed a 4 x 4 to get to the property. He suggested that $250 seemed very steep for the price per parcel and suggested that the administrative fee was probably less than $10 dollars. He indicated that he could not pinpoint his property, and Page Thirty - City Council Minutes - April 13, 2004 - questioned how the City charges the money when they don't know the locations either. Marge Kinney, resident of Laguna Hills, indicated that she got a surveyor to look at her property and it turned out that the homeowners on both sides have encroached on the next property. She stressed the importance of using a surveyor. She suggested that the City Council had the power to waive the requirements for specific property owners or to establish a moratorium until the concerns have been addressed. She noted that liens placed on property impacts credit ratings, and stressed that the program went from 5,000 to 10,000 lots. She suggested that this would put a tremendous burden on the City budget. She indicated that there was no phone number included on the mailed notice, and suggested that people using their own weed wackers could cause sparks and start a fire. She suggested that the City send a notice of moratorium on notices that were not the same as those sent out in the previous year. She further suggested developing a plan to look at some of the problems with the newly noticed properties. She also suggested including a list of surveyors, abatement firms and dumps in the notice materials. She indicated that the City should have a dumpster in problem areas and hire large trucks for the pickup of bulky materials. She stressed the concern by many of the people receiving notices. - Darryl Light, resident of Diamond Bar, indicated that he owns five lots in Diamond Bar, and in comparison, Lake Elsinore does not allow enough time. He indicated that the fire department in Diamond Bar walks through and grants more time. He noted that thousands of lots had received notices and questioned if the City was trying to get people to start selling the lots to be able to develop them. He questioned if there was an ulterior motive for the exorbitant administrative lot. He suggested that $250 per lot was too much when the lots were less than 6,000 square feet each. He addressed the paper roads in Country Club Heights and noted that if they were roads he could drive straight to his property. He reiterated the concerns with determining the boundaries of the lots. He indicated that he would like to be present when his lots were inspected. He noted that most of the people - Page Thirty-One - City Council Minutes - April 13, 2004 work in Los Angeles or somewhere else; and indicated that the only reason he did not live here, was that he could not afford the commute. Bob Dougherty, resident of Hacienda Heights, indicated that he had a couple of lots on Sunnyslope, which he saw today. He commented that he had the same problem in Lake Arrowhead, and noted that they allowed for clearance of the first ten feet. He indicated that clearing his lot would be an impossibility, and noted that he did not see it as a fire hazard, as the vegetation was green. Roxanne Adams, resident of San Diego, commented on her 24 acres on El Toro, noting that they had planted a lot of trees, and in the past had been trying to sell the property. She commented that she understood that it was difficult to get permits, but they were now enjoying the land. She indicated that when they decided to spend time on the property, her father cleaned up about 2 or 3 acres of the property and had difficulty finding someone to assist him. She indicated that he brought a group of workers from Orange County, that spent a weekend on the property and cost $5,000. She indicated that there were tires and mattresses being dumped constantly. She commented that her husband was quite involved in caring for the property and had gotten no where in gaining help. She noted that the dump was a quite a distance away, but they always take a large load home. She commented that there were abandoned cars, which no one would come and get. She indicated that they were trying to be responsible and keep the property cleared, but she did not understand why some of the taxes did not go to help with trash pickup. She suggested that the City or County could be involved to catch the people dumping the trash. Shirley Longo indicated that she had two small parcels by Nichols Road, which she believed were not in City limits, but she got a letter. She inquired if the County was doing abatement as well, and questioned if she could be in the City limits and not know it. City Manager Watenpaugh offered to check. Page Thirty-Two - City Council Minutes - April 13, 2004 - Frank Mathews, resident of Los Angeles, indicated that he owned property in Country Club Heights and suggested with the weed clearance the area will be left as a mountain of dirt. Aurora Grihalva, Lake Elsinore, indicated that more time was needed, and questioned a requirement for multiple notices. She expressed concern with the impact of liens on property of people who worked hard to gain the properties. City Manager Watenpaugh noted that he received calls from Jose Gomez, who owns two parcels, of which he does not know the location. He also noted that he received letters from Margie Kinney and Ilene Bothelio indicated that they will clean the lots, but they need more time. He further noted that he spoke with Paul & Erline Herndon, and they will present a letter to the Clerk for the record on how to identify and clean lots. He also noted that Emil Frankie contacted staff. _ Mayor Buckley commented that there were a number of similar problems discussed, including difficulty finding the property, violation of habitat issues, time frame for clearance, slope exemptions, lack of appeal process, justification of cost, how often work should be done, road access, a City vendor list and how-to guide. City Manager Watenpaugh indicated regarding the issues of where the property is located, the City will provide a tract map, but can't do the survey work for them. He clarified that the conservation land in habitat areas does not get cleared, as that is against federal law; and noted that there would be sensitivity in those areas. He indicated that the MSHCP would create a larger issue for fuel modification; and would create a major issue when habitat is involved. He addressed the levee and explained that it was posted no trespassing for the levee, but people are welcome to go onto their own property. He addressed the placement of liens and explained the process, including the Teeter Plan which allows local governments to receive the taxes even if people don't pay them. He clarified that the County goes after _ Page Thirty-Three - City Council Minutes - April 13, 2004 the funds, while the City continues to receive its money each year. He indicated that staff had no legal ability to provide an extension of time, but have offered to do so. He expressed belief that the Council wanted the policies and codes implemented, but not on people who can't comply. He indicated that the first and final notice was all that had ever been used in the past, and although the time frame is short, it has been the standard procedures. He clarified that most of the people with concerns were notified for the first time this year, and staff was trying to work with the people and not penalize them in improving the City's image. He noted that the City does a lot to clean up the community, including a City-wide clean up with large trash bins; last clean up took in 270 tons of trash from people who brought it in. He also noted the Net Program, which is done three or four times a year, and explained the program. He indicated that staff had the same frustrations as the property owners, with trash being dumped in the same places repeatedly. He noted that the City has mandatory trash pickup, but the County does not, so staff has difficulty picking it up as fast as it is dumped. He indicated that with regard to Country Club Heights, an Advisory Committee had been appointed to try to find different standards that would accommodate those property owners, with their unique circumstances. He noted that most of the property owners who spoke tonight were absentee owners, and they missed some of the free services provided to the community. He commented that the community is changing very fast and urbanizing very rapidly. He suggested that those people with concern either contact his office at (909) 674-3124 ext. 204 or Jon Fazzio's office at (909) 674-5170. He indicated that staff was open to recommendations from the Council, but the Municipal Code was pretty cut and dry on the issues. He commented that staff was happy to work with Council's recommendations, and extensions were possible. He clarified that with respect to the administrative charge, the City does not want to abate the properties, and would prefer that the property owners abate them. He also clarified that there was an additional charge over and above the $250, based on the square footage of the lot. Councilman Schiffner commented on the number of people from out of town in attendance and welcomed them to the City. He expressed hopes Page Thirty-Four - City Council Minutes - April 13, 2004 - that they would return on a more friendly basis; but noted that there was nothing said that he could not agree with. He expressed sympathy with their plight, but stressed the City's plight of trying to clean up the City, with this being the only possible approach. He indicated that it was not possible to ask the rest of the citizens to pay for the work out of the general fund. He concurred that the time frame was too short and indicated that he would like to suggest a moratorium or extension of time. He noted that almost 5,000 additional notices were sent out this year, and stressed the City's efforts to clean things up, and make a bigger effort to do so. He stressed that the intent was not to punish anyone; and reiterated that the administrative fee was to discourage people from having the City do the work. He suggested that the City Council hold a Study Session on the whole problem and see how the Police and Fire would see modification of the code to address the slopes and areas which are not easily cleared. He thanked the audience for their attendance at this meeting. - Councilman Hickman commented on the problems in Country Club Heights with 5,000 lots and 3,000 owners. He expressed concern for the man who lost his fire insurance and noted the fires which occurred last year and the damage they caused. He indicated that if people called Mr. Fazzio or Mr. Watenpaugh, staff would work with them; but stressed that the program was a matter of safety for the people in the area. He commented that trash and abandoned cars were a touchy subject with him. Councilman Magee expressed appreciation to the people in attendance, since most were not City residents. He addressed the questions regarding who to hire to do the work, and suggested rather than relying on the City for a list, they should contact the Chamber of Commerce. He indicated that with regard to abandoned cars, trash and debris, the City took those complaints very seriously. He noted that the Council had just appointed a Public Safety Commission, that would be placing a complaint form on the website. He indicated that if something was in the public right-of-way it was the City's responsibility and the City would address it, but if it was on private property, the City would not. He clarified that City staff would _ Page Thirty-Five - City Council Minutes - April 13, 2004 inspect and decide if the weed clearance was in compliance, and questions should go to Mr. Fazzio. He requested clarification that the issues could be appealed to the Nuisance Abatement Hearing Board. City Manager Watenpaugh indicated that he did not believe there was an appeals process. City Attorney Leibold confirmed that there was no specific appeal process. Councilman Magee commented that Supervisor Ashley's Task Force was an admirable program, and indicated that the County was taking aggressive action in the EI Toro Road area. He noted that no one was immune from the issues, as his company near Highway 74 was noticed to remove trash and debris; and removed 52 tons of trash and the homeless moved across the wash from them. He commented that dump fees had peaked in 1993, which only encouraged more dumping; and noted that the cost is now lower than 1993 at $34 per ton. He noted that from the EI Toro Cutoff, CR&R in Perris is seven miles and they are open on the weekends. He indicated that the City's budget could handle this program, and stressed that it is very important and the City has hired staff and purchased equipment to do this task. He suggested looking at timing issues for compliance. Mayor Pro Tern Kelley commented that there were many issues to consider. She inquired if people with an Assessor's Parcel Number could call Mr. Fazzio for assistance in finding their lots. City Manager Watenpaugh indicated that staff could pull plot maps and show them the location of their lots. Mayor Pro Tern Kelley noted the habitat issues; and concurred that vendors could be found by contacting the Chamber. She reiterated that the fee was intended to discourage people having the City do their lots; and commented that she was willing to look at the timing issues. She concurred that there was a short time frame, but noted that the green weeds turn brown fast and become a fire hazard. She addressed the comments that the City should clean the lots for free, but the City is not responsible for private property. She indicated that staff could clean City property, but not private property until after the abatement deadline. She addressed the question of landlocked properties and questioned the issues. City Manager Watenpaugh indicated that it was his understanding that they could cross private property, but an easement was needed to purchase the property, as a parcel Page Thirty-Six - City Council Minutes - April 13, 2004 - could not be landlocked. City Attorney Leibold clarified that the requirement was in place today, but that may not have been the case with properties purchased years ago. She indicated that permission was required to cross someone else's property. She indicated that some general rules would allow access for abatement purposes. City Manager Watenpaugh noted that a lot of property owners were not able to be located. Mayor Pro Tern Kelley indicated that the City Council and staff were willing to assist where possible, but for the residents the biggest concern she has heard over the last 25 years is why the City isn't cleaned up. She indicated that she takes offense to some of the comments this evening and the last thing she wanted to see were lots that were not cleaned up. She stressed that the City is looking for a better and more beautiful city. She noted that most of the speakers this evening live somewhere else, but there is an ongoing problem with lots that are dumped on all the time. She indicated that the residents are fed up with those issues and the intent of the ordinance is to get the lots cleaned up. She commented that staff will work to assist the property owners, but the lots cannot be a fire hazard or an eyesore. Councilman Schiffner questioned the situation where someone bought the property last year, that was difficult to find or access; since most people with that problem had owned the property for many years. He questioned the motive of a person buying property under those circumstances. Mayor Buckley indicated that most of his issues had been addressed, but indicated that the committee would be looking at issues such as road access in Country Club Heights, as it had been a difficult area for a very long time. He commented that people who live there have great views, and don't want to see trash all over the lots. He suggested that the Council could direct staff to add a couple of weeks, and assist them in finding their property with Assessor's Parcel Numbers. He indicated that there were good suggestions presented tonight which should be revisited during the process next year, with consideration of a slope exemption and exemption of habitat land, as well as an appeal process. He suggested that the idea of a preferred vendor list was not a bad idea either, as well as a how-to guide on weed abatement. - Page Thirty-Seven - City Council Minutes - April 13, 2004 He noted that during a fire last year, we were very lucky that the entire Country Club Heights hillside did not go up in smoke. He questioned if there should be a system without dates, or if the dates should be established later. City Attorney Leibold noted that the Ordinance was approved in 1974, so the program had been in place for many years. She indicated that the implementation had been expanded with additional funding opportunities, but with extensions, the biggest concern was health and safety. She suggested that an appeal process would be one presented to the City Council, with a public hearing as was allowed at this meeting. She indicated that any extension at this point would need to be a clear process and not create a problem with too much time and the potential for a fire hazard. Mayor Buckley questioned what the options were, based on the public hearing. City Manager Watenpaugh questioned the Code with regard to the notice, which had blank dates, and the ability to extend that date for compliance. City Attorney Leibold confirmed the ability to extend the time, but questioned if all properties would be extended or only those requesting the extension; and noted that it should be set for a date certain. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO GRANT EXTENSIONS OF TIME TO MAY 31ST, BUT ONLY TO THOSE WHO HAD SPECIFICALLY CONTACTED STAFF TO REQUEST SUCH AN EXTENSION. COUNCIL FURTHER REQUESTED THAT STAFF ASSIST PEOPLE IN FINDING THEIR PROPERTIES, AND RETURN IN THREE MONTHS WITH A CLEANED UP ORDINANCE. Mayor Buckley suggested that staff circulate a list tonight. THE MEETING WAS RECESSED AT 10:05 P.M. Page Thirty-Eight - City Council Minutes - April 13, 2004 - THE MEETING RECONVENED AT 10:20 P.M. City Attorney Leibold noted that some people watching this meeting from home might like the same extension of time and questioned if it would be appropriate to establish a deadline. There was general Council discussion of possible deadline dates. City Manager Watenpaugh suggested that if someone contacted staff by May I st, they would get an extension of 30 days. City Attorney Leibold questioned the ability to administer such an extension. BUSINESS ITEMS 31. Second Reading - Ordinance No. 1117 - Zone Change No. 2003-02 - Daigle Homes. LLC. (F:172.1) MOVED BY KELLEY, SECONDED BY MAGEE TO ADOPT - ORDINANCE NO. 1117, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1117 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2003-02 CHANGING THE ZONING DESIGNATION OF A PARCEL SPECIFICALLY DESCRIBED AS APN (S) 363-240-002, 003,004,008,009 AND 016 FROM R-l SINGLE FAMILY RESIDENTIAL DISTRICT TO R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT UNDER THE ZONING ORDINANCE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY - Page Thirty-Nine - City Council Minutes - April 13, 2004 NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Second Reading - Ordinance No. 1118 - Animal Control Fee Schedule. (F:18.1) MOVED BY MAGEE, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1118, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1118 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 6.04.020 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING ANIMAL CONTROL FEE SCHEDULE. AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Councilman Magee noted that the Animal Friends representatives had been present to speak until 1 0: 15, but had to go home. 33. Industrial Proiect No. 2003-06 - "D & D Cattle Industrial". (F:86.2) Page Forty - City Council Minutes - April 13, 2004 - Community Development Director Brady explained this item which involved six buildings, with just over 30,000 square feet of tilt-up concrete buildings similar to the design of the adjacent buildings. He detailed the location and parking provisions and noted that one condition needed to be amended, being Condition No. 26, with the dedication changed from 5 feet along Collier to 12 feet, in compliance with the General Plan. He explained that the 86 foot right-of-way had been approved due to the topography, and the applicant had agreed to that modification. Mayor Buckley questioned if these buildings would be like the existing yellow ones. Community Development Director Brady indicated that they would be of a similar design and clarified the location. Councilman Schiffner inquired if improvements to Collier would be provided by this developer. Community Development Director Brady indicated that the improvements to Collier were already in place, but if _ anything additional was needed at their location, they would need to provide it. Mayor Buckley inquired if these buildings would be sold or leased. Community Development Director Brady indicated that he believed they would be leased. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE DESIGN REVIEW NO. 2003-06 FOR THE CONSTRUCTION OF SIX WAREHOUSE BUILDINGS BASED ON THE FOLLOWING FINDINGS, EXHIBITS "A" THRU "G", AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: FINDINGS 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. - Page Forty-One - City Council Minutes - April 13, 2004 The proposed Industrial Design Review located at APN: 377-151-061complies with the goals and objectives of the General Plan, in that the approval of this industrial complex 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 project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Industrial Design Review located at APN: 377-151-06 is appropriate to the site and surrounding developments in that the proposed industrial complex has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed and existing projects in that the architectural design, color and material and site designs proposed evidence a concern for quality or originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant to the California Environmental Quality Act (CEQA), the proposed The proposed Industrial Design Review located at APN: 377-151-061, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment pursuant to Article 19 (Categorical Exemptions) and Section 15332 (In-Fill Development Projects). 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Industrial Design Page Forty-Two - City Council Minutes - April 13, 2004 - Review located at 377-151-061 has been scheduled for consideration and approved by the City Council. CONDITIONS OF APPROVAL FOR I NO. 2003-06 - D&D CATTLE - APN 377-151-061 PLANNING DIVISION 1. Design review approval for Industrial Project No. 2003-06 will lapse and be void unless building permits are issued within one (1) year. An extension of time, up to one (1) year per extension, may be granted by the Community Development Director prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 2. All Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by Building Division. All Conditions of Approval shall - be met prior to the issuance of a Certificate of Occupancy and release of utilities. 3. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 4. Structures shall be placed on-site as depicted on the site plan and/or as modified by the Community Development Director or designee. 5. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or designee, prior to issuance of building permit. 6. The Planning Division shall approve construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond for _ Page Forty-Three - City Council Minutes - April!3, 2004 each. 7. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 8. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and screening plan shall be approved by the Community Development Director, prior to issuance of building permit. 9. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 10. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building. 11. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for Type 'A' loading zones (12' x 20'). 12. All exterior downspouts shall be painted to match the building color. 13. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or designee. 14. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 15. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. Page Forty-Four - City Council Minutes - April!3, 2004 - 16. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. 17. A sign program shall be submitted for review and approval by the Planning Commission prior to building permit approval. 18. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 19. Extensive and mature landscaping shall be constructed along the northeastern (Collier Avenue) and southeastern (immediately adjacent buildings three and six) property lines. 20. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development - Director or Designee, prior to issuance of building permit. A Landscape Plan Check Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%). a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) apart and at least twenty-four-inch (24") box in size. c. All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d. Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). - Page Forty-Five - City Council Minutes - April 13, 2004 e. Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h. All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee 1. All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. J. Final landscape plan must be consistent with approved site plan. k. Final landscape plans to include planting and irrigation details. 21. Plant palette shall substantially match the neighboring plant palette featured along Collier Avenue. Page Forty-Six - City Council Minutes - April 13, 2004 - ENGINEERING DIVISION 22.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prief to final map approval occupancy. 23.Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 24.The Traffic Mitigation Fee is $25,150, the Drainage Fee is $4,175 (Warm Springs East District), the K-Rat Fee is $910 and the TUMF is $23,300 if building permits are obtained on/after July 1, 2004. 25.Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map appro~/al building - permit 26.Dedicate a 12 ft. wide strip of additional street right-of-way for a total of 50 foot half street width along the frontage of Collier Avenue to the City prior to final map approval building permit. 27. Sidewalks, with handrail, will be required to be constructed along Collier Avenue. 28.If the existing street improvements are to be modified, the existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. An encroachment permit will be required to do the work. 29.Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to fffial- map approval occupancy (LEMC 16.34). - Page Forty-Seven - City Council Minutes - April 13, 2004 30.All parcels shall have direct access to public right-of-way or be provided with a minimum 26- foot ingress and egress easement to public right-of-way with no on-street parking from the tract boundaries to Minthorn Street by separate instrument or through map recordation. 31. The 26 ft. easement for access to Parcel Map 31901 must be approved by the Riverside County Fire Department prior to final map appro~/al building permit. 32.Riverside County Fire Department must approve easement widths and turning radii within the site prior to final map approval building permit. 33.The 26 ft. ingress/egress easement to Chaney Street must exit onto Chaney Street at least 200 ft. from the intersection of Chaney Street and Collier Avenue. 34.Developer shall contribute $4,600 for the design and construction of the landscaping for one-half of a "raised landscaped" median along the frontage of Collier Avenue prior to issuance of building permit. 35.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). 36.Applicant shall construct public improvements or enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map appro~/al occupancy. 37.Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 38.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 yz" x 11" Mylar) shall be submitted to the Engineering Page Forty-Eight - City Council Minutes - April 13, 2004 - Division before final inspection of public works improvements will be scheduled and approved. 39.Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval building permit. 40.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. 41.Provide fire protection facilities as required in writing by Riverside County Fire. 42.Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. - 43.Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 44.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. 45.All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 46.All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 47.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 _ Page Forty-Nine - City Council Minutes - April 13, 2004 existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 48.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 49.An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 50.All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 51.Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 52.0n-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". 53.All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 54.The site is in the Flood Zone AO, FIRM Map 0606362062F Revised August 18, 2003 and building pads shall be constructed 1 ft. above existing adjacent grades. 55.Meet all requirements ofLEMC 15.64 regarding flood hazard regulations. Page Fifty - City Council Minutes - April 13, 2004 - 56.Meet all requirements ofLEMC 15.68 regarding floodplain management. 57. The applicant to provide FEMA elevation certificates prior to certificates of occupancy. 58.Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 59.All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 60.Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. - 61.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. 62.10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities should be installed. 63.Deve10per shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 64.Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 65.Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall _ Page Fifty-One - City Council Minutes - April 13, 2004 provide a SWPPP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. 66.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 67.Applicant shall provide first blush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 68.Parking lot and roof runoff must go through a filtering system before draining to the public maintained storm drain and or provide permeable parking lot gutters. 69.Applicant shall cause to be recorded a CC&R's with recordation of final map which provides for irrevocable reciprocal parking, circulation, loading and landscape maintenance easement in favor of all lots subject to the approval of the director of Community Development & the City Attorney. The CC& R's shall enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage. 70.1n accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 34. Nuisance Abatement Hearing Board. (F:32.4) City Manager Watenpaugh explained that this item was included on the agenda, at the request of Councilman Magee, due to the ongoing vacancy on Page Fifty-Two - City Council Minutes - April 13, 2004 - the Board. He noted that staff thought that one issue might be to make the hearings easier for people to attend by moving them to the evenings in connection with the Planning Commission meetings. He stressed that a lot of people could not attend during the day, including some of the people who had been appointed in the past. He explained that staff has filled in for the existing vacant position, and Community Development Director Brady had addressed the issue with the Planning Commission and is receptive to handling these items if the Council so desires. Councilman Schiffner commented that the Planning Commission members used to cover this Board, and he was not sure why it was changed unless they chose not to do it. Community Development Director Brady noted that the Code reads two Planning Commissioners or member appointed by the City Manager. He noted that there is a concern that when only two members participate it is not taken seriously, but the Planning Commission does have the experience and could take on the task. - Councilman Hickman suggested with the creation of the Public Safety Commission, the responsibility should be shifted there, so the Planning Commission could be directed toward the General Plan to get that moving forward. He indicated that he was embarrassed by the last Planning Commission meeting, and suggested that the Public Safety Commission could give it more teeth. Mayor Pro Tem Kelley suggested that such a shift would give the board less teeth. City Manager Watenpaugh clarified that the Public Safety Commission was advisory to the Council, while the Planning Commission is responsible for planning and zoning. Mayor Pro Tem Kelley indicated that the Public Safety Commission was formed with different goals, so if the Planning Commission was willing to cover this responsibility it would carry a lot more credibility, as they know the codes. Councilman Schiffner commented that the Planning Commission has no active part in updating the General Plan, other than to decide on the final plan. Community Development Director Brady indicated that it was the intent that the Planning Commission would review the plan and make recommendations and be somewhat involved in the process. Councilman - Page Fifty-Three - City Council Minutes - April 13, 2004 Schiffner clarified that the Planning Commission was not holding up the General Plan process. Councilman Magee indicated that staff had some good ideas in this recommendation. He noted that he had asked the City Clerk to do research and had provided a copy regarding this issue. He read from a staff report dated August 8, 2000, and noted that there were several people active in the community and willing to serve. He noted that the Mayor had suggested appointing these representatives separate from the Planning Commission and indicated that would provide more resident participation, which he supports. He noted that he understood staff s point about the Planning Commissioners, but he also understood the point about access to the public with evening meetings. He suggested that the professionalism of a meeting in the Cultural Center setting sent a different message. He suggested continuing the practice that the Council recommends representatives to the City Manager for appointment to the two individuals; with those meetings occurring immediately following a Planning Commission hearing. Councilman Hickman requested clarification that the recommendation was to stay with the two members, but hold the meeting after the Planning Commission. Councilman Magee confirmed. Mayor Buckley commented that not everyone in front of the Board was a slum lord, but some were inconvenienced to be present at 9 a.m. He indicated that he could see the point of the Public Safety Commission or Planning Commission covering the Board, but thought that continuing with the two independent votes was the best idea. He questioned the timing of meetings. Community Development Director Brady indicated that they were currently held once a month. Mayor Buckley inquired if they had something to consider every month. Mr. Brady confirmed. Councilman Schiffner noted the reluctance of people to show up for the meetings. Mr. Brady indicated that there was a vacancy which at times posed problems. City Manager Watenpaugh questioned the alignment of the Board meeting with Planning Commission meetings, and questioned if they would be on site waiting for the Planning Commission to finish their agenda. Page Fifty-Four - City Council Minutes - April 13,2004 - Councilman Magee questioned the length of the Planning Commission meetings. Mr. Brady indicated that the last meeting went until about 10 p.m. Councilman Magee inquired if most meetings were two hours or less. Councilman Hickman suggested holding the Nuisance hearings first. There was general discussion of the timing of meetings; and it was the consensus to hold the Nuisance hearings at 5 p.m., followed by the Planning Commission meetings at 6 p.m. MOVED BY MAGEE, SECONDED BY HICKMAN THAT THE NUISANCE ABATEMENT HEARING BOARD CONTINUE TO CONSIST OF TWO MEMBERS APPOINTED BY THE CITY MANAGER; AND THAT THE MEETING TIME FOR THE HEARINGS BE CHANGED TO THE FIRST TUESDAY AT 5 P.M. AT THE CULTURAL CENTER, PRECEDING THE PLANNING COMMISSION MEETING; AND IN THE ABSENCE OF AN OFFICER THE COMMUNITY DEVELOPMENT DIRECTOR WILL SERVE AS THE SUBSTITUTE. - Councilman Schiffner indicated that he would support the motion, but he still felt it would be a problem. Councilman Hickman inquired if there should be a motion to appoint the representatives. Mayor Pro Tern Kelley noted that the appointment was not listed on the agenda. Mayor Buckley suggested that the appointments be held until the next meeting. Councilman Magee noted the variation between the Code and the practice. Mayor Buckley indicated that recommendations would be made at the next meeting. Councilman Schiffner inquired if Mr. Franson desired to continue on the Board. Community Development Director Brady indicated that he was not sure of Mr. Franson's intentions. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 35. Easement and Public Park Improvement Agreement (F:114.1)(X:132.1) - Page Fifty-Five - City Council Minutes - April 13, 2004 City Manager Watenpaugh deferred to Community Services Director Sapp, noting that he had been working with the City Attorney and EVMWD. Community Services Director Sapp detailed this item, including its location, and noted that the site was just over an acre. He indicated that the site would be used for a well site, and as a condition of the planning process for the park, they have 30 days to begin the landscaping plans. He noted that it was more cost effective to do it all at the same time, so it would probably be done contiguously. He indicated that the amount of participation by the Water District would be based on the valuation of the easement. He explained that the agreement requires appraisals, with the District moving forward with the process. He indicated that there had been some discussion of limiting the time and moving forward with the park improvements; but it was currently somewhat open ended, with no timeline for development. He indicated that the District was ready to get moving right away per his conversations. Mayor Pro Tern Kelley commented that she wanted to be sensitive to how the project looks in the process, as there are a lot of residents in the area. Community Services Director Sapp noted that the valuation of the property will probably not be equal to the improvements, so the City will have to participate financially. He noted that there would be funding for the year 2005-06 to help complete this project. Mayor Buckley requested clarification. Mr. Sapp indicated that there would be extensive time for planning and construction documents. City Manager Watenpaugh noted the addition of a requirement that the improvements all be in place by February 1, 2005. Councilman Schiffner inquired if the plans would be back for approval. Mr. Sapp indicated that they could be if the Council desired. Council concurred that they would want to see the final plans. MOVED BY KELLEY, SECONDED BY HICKMAN TO APPROVE THE EASEMENT AND PUBLIC PARK IMPROVEMENT AGREEMENT WITH ELSINORE VALLEY MUNICIPAL WATER DISTRICT AND GRANT THE EASEMENT FOR THE WELL STRUCTURE, WITH A DEADLINE Page Fifty-Six - City Council Minutes - April 13, 2004 - OF FEBRUARY 1, 2005, FOR CONSTRUCTION OF THE WELL AND PARK IMPROVEMENTS. Councilman Schiffner indicated that he would want to see the whole plan for the Water District facility and the park. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 36. City Hall Remodel. (F:50.1) City Manager Watenpaugh explained that this item was to consider the ability to provide more public counter service space. He noted that Council was concerned about the time line, and staff would be putting one together and getting it back to them by the end of the week. Community Services Director Sapp indicated that once the funding was approved staff could formulate a time line. He explained the proposed plan for improved public access to City Hall, and accommodation of the increased level of activity in the City. He explained that the plan would provide a hallway to connect the lobby to what is now the entry for Council and Community Services; and would provide another 18 feet of counter space and two cashiers. He noted that there was also a plan to relocate Community Services and the City Council/City Clerk's offices for easier public access. He advised that the cost was estimated at $29,600, and staff was recommending up to $30,000 for the improvements. - Mayor Buckley noted that Finance would be upstairs. Councilman Schiffner noted that he had seen an indication that the changes would allow access to the City Council office when City Hall was closed. Community Services Director Sapp confirmed with the switching of office, they would have access for computers, document review, etc., 24 hours a day. Mayor Buckley indicated that the proposed changes were a good idea, and suggested when the work was complete, the reopening might be a good day to start opening on Fridays, with the dedication taking place on Friday. - Page Fifty-Seven - City Council Minutes - April!3, 2004 MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE STAFF TO MAKE THE IMPROVEMENTS AS OUTLINED AND APPROPRIATE $30,000 FROM THE GENERAL FUND RESERVE TO OFFSET THE PROPOSED COSTS FOR THE IMPROVEMENTS. Councilman Magee stressed that this action would be improving access to City Hall, and both doors would be open to the public. He noted the frustration of finding locked doors, especially on Fridays; and suggested that would go away. He commented that there would be immediate access to the City Clerk and the City Council Office and suggested the cost was a bargain. 37. Amendment to Land Development Agreement and Temporary Land Transfer Agreement with South Shore Properties. LLC. (F:68.1) City Attorney Leibold indicated that this Agreement was very similar to the item considered the last meeting as it related to the delinquent Community Facilities District. She explained that the special tax had been stalled and consolidated with other underperforming CFD's. She indicated that with regard to South Shore Properties, there was an approved Development Agreement, that provided for some release of delinquencies in exchange for development, but encountered problems when they went to the County for release of the property tax delinquencies. She explained that the first issue was the City allowing the release; and the second issue was to comply with the County's requirements to release the taxes. She reiterated that the proposed action was similar to the Wasson Canyon item at the last meeting. She indicated that the developer had paid the first payment, which was non- refundable; and the City would take title temporarily, with the developer providing a promissory note secured against the property. She detailed the specifics of the arrangement, including the balance to be paid upon approval of the second Tentative Tract Map or by 2007. She noted that if the balance was paid before 2004, a discount will apply. Page Fifty-Eight - City Council Minutes - April 13, 2004 - MOVED BY KELLEY, SECONDED BY MAGEE AND CA~ED BY UNANIMOUS VOTE TO APPROVE THE FIRST AMENDMENT TO THE LAND DEVELOPMENT AGREEMENT, THE TEMPORARY LAND TRANSFER AGREEMENT SUBJECT TO ANY MINOR MODIFICATIONS AS APPROVED BY THE CITY ATTORNEY, AND AUTHORIZED THE MAYOR TO EXECUTE SAID AGREEMENTS; AND AUTHORIZED THE MAYOR TO EXECUTE THE QUITCLAIM DEED, AND AUTHORIZED THE CITY MANAGER TO EXECUTE THE CERTIFICATE OF ACCEPTANCE. 38. Electoral Reform Committee. (F:59.8) City Manager Watenpaugh explained that this item had been listed for consideration at the request of the Mayor; and noted that the intent was to look at changing back to even number years for elections, the possibility of an elected Mayor, forming districts and tightening up the campaign finance reporting requirements. He deferred to Mayor Buckley for further information. - Tim Fleming, 17970 Lakeshore Drive, stressed the importance of forming districts and reforming management. He noted that some neighborhoods were being neglected, and still had unpaved road and minimal street lighting, He further noted that weed abatement had been done poorly at best, although it might be changing. He stressed that reform and committees were good for the City. Mayor Buckley highlighted the proposed committee to look at moving City elections, devise a new and permanent procedure for commission! committee appointments, establishing new campaign finance standards, reviewing the possibility of electing by District and/or the possibility of directly electing the Mayor. He indicated that the Committee should investigate whether to continue the position of City Treasurer in an elected capacity. He further indicated that the Committee was barred from - Page Fifty-Nine - City Council Minutes - April 13, 2004 consideration of a City Charter or modifying the relationship between Council and staff. He commented that he was in favor of all of those changes, but understood that there was a significant difference of opinion. He suggested that by creating this committee, those issues would be dealt with and finished. He noted that these considerations had been discussed for four years ago when people signed the petitions to establish districts. He indicated that he would make every effort to support the recommendations the Committee comes back with. Mayor Pro Tem Kelley indicated that she was ready to make her appointment. She appointed James Judziewicz. Councilman Hickman appointed Mike Maskell, and gave his phone number as 674-0272. Councilman Magee appointed Jimmy Flores. Councilman Schiffner appointed Joyce Hohenadl, and gave her phone number as 674-2159. Mayor Buckley appointed David Walsh, as Chairman of the committee. MOVED BY HICKMAN, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO ESTABLISH THE COMMITTEE AND CONFIRM THE APPOINTMENTS AS LISTED. Mayor Buckley indicated that Mr. Walsh would be talking with City Attorney Leibold and City Clerk Kasad, to get started with the Committee. 39. Federal Energy Regulatory Commission Solicitation for Additional Study Request regarding the Lake Elsinore Advanced Pumped Storage Project. (F:164.2) City Attorney Leibold noted the EVMWD and the Nevada Hydro Company Page Sixty - City Council Minutes - April!3, 2004 - were working through the proposed LEAPS proj ect with two reservoirs; and explained the approval process. She indicated that there would be some potential impacts on the lake and shoreline of the Lake; and the comment period was running through May 11 th. She advised that this item was a request for the Council to provide some direction to staff on the level of participation by the City and the submittal of comments prior to the deadline. Edith Stafford, 29700 Hursh, indicated that she opposes the Lake being used as part of the LEAPS project; but in the event the project is approved, she would like to see the City make some strong stipulations on the times the water is pumped up and down the hill. She commented that the Lake is one of the City's greatest assets and she wants to be sure that the beauty of the Lake is maintained. She stressed that the water level should never be allowed to drop below a certain level such as 1245'. - MOVED BY KELLEY TO DIRECT THE CITY ATTORNEY TO GET INVOLVED IN THE PROCESS BY PREPARING COMMENTS TO BRING BACK TO THE COUNCIL; AND AUTHORIZE AN APPROPRIATE LEVEL OF SPENDING. Mayor Buckley commented that the document needs to be very carefully worded; but establish a place at the table in the process. Councilman Schiffner commented that it was reasonably clear that the City was not properly represented in the application process, and he would like to see the City Attorney make comments to correct some inaccuracies. City Attorney Leibold advised that she would like to see the thrust of the comments to be similar to those of Mrs. Stafford, that the Lake is the centerpiece of the community, and because of the ownership interests, the City would like to work to preserve the recreational uses of the Lake. Councilman Schiffner indicated that he was not sure of the regulation, but it might defeat the purpose if there is a request to release the water. - Page Sixty-One - City Council Minutes - April 13, 2004 THE FOREGOING MOTION WAS SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 11:11 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 11:15 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Ruth Atkins, 15287 Lake Trail Circle, announced that the Lake Elsinore Historical Society had established its own website at www.lakeelsinorehistoricalsociety.org Pete Dawson, 18010 Grand Avenue, addressed the subject of water for Lake Elsinore. He noted the 200 I lawsuit against the Water District which demanded the release of natural waters being held back illegally. He addressed the 2003 agreement, which called for three sources of water, including the natural flows from the San Jacinto river. He demanded that the City speak up on this issue and assure that the water supply is replaced. Edith Stafford, 29700 Hursh, indicated that she was very impressed with the City Council lately. She commented that it was a joy to come to the meetings and see them run smoothly, with the Councilmembers mostly in one accord. She indicated that even the disagreements were smooth sailing and encouraged that this continue. Chris Hyland, 15681 Wavecrest, announced the Historical Society's Mother's Day Garden Tour on May 8th from 10 a.m. to 3 p.m. She indicated that there were great houses with gardens and the proceeds will benefit the scholarship and restoration fund. Paula Graver, 218 Ellis, noted that her son was in Baghdad, and read an Easter e- mail from him. She also read "1 wish you enough". Page Sixty-Two - City Council Minutes - April 13, 2004 - CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Presented the poster developed by Information/Communications Manager Dennis to hang in Congressman Issa's office. He noted that Congressman Issa was very impressed and received a lot of good comments. Mr. Dennis presented the poster for viewing. CITY ATTORNEY COMMENTS No Comments. COMMITTEE REPORTS No Reports. - CITY COUNCIL COMMENTS Mayor Pro Tern Kelley commented on the following: 1) Congratulated Mark Cordova, as Officer of the Year. Councilman Hickman commented on the following: 1) Thanked Pete Dawson for the donation of cameras for the Photo Contest. 2) Noted that he attended the funeral for Luella Dagermon, and read a poem Luella had written. 3) Announced the Pet Walk on April 1 ih and the Mayor's Prayer Breakfast on May 6th. - Page Sixty-Three - City Council Minutes - April 13, 2004 Councilman Magee commented on the following: 1) Thanked staff for addressing Mr. Hewison's concerns. 2) Thanked the Campground concessionaire for allowing access to the house on the property. 3) Thanked Parks & Open Space Manager Fazzio for the clear presentation on weed abatement, but noted that the residents ignored most of what he said, although he did a fine job. Mayor Buckley commented on the following: 1) Announced the NAACP Scholarship Lunch at the Diamond Club on May 8th. 2) Announced that the SANDAG regional plan workshop would be held on April 19th at the Wildwood Community Center in Vista. 3) Announced the following local events: April 16th - Castles to Bungalows Conference in Riverside. April 17th - Walk the Dog event. April 1 ih - Fashion Show at the Women's Club April 24th - Cruise Night. 4) Addressed the Nuisance Abatement Board, and suggested giving them the weed abatement issues next year. ADJOURNMENT Page Sixty-Four - City Council Minutes - April 13, 2004 - THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 11:30 P.M. 1- U" V j WV~ ~vc:/e VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE - -