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HomeMy WebLinkAbout09-14-2004 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 14, 2004 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5:05 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugb, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Information/Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/FIuman 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. (1 case). (F:52.1)(X:40.1) b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION -City Manager. (F:68.1)(X:46.1) Page Two -City Council Minutes -September 14, 2004 City Attorney Leibold announced the Closed Session discussion items as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:07 P.M. The Closed Session discussion was completed at 7:05 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Buckley reconvened the Regular City Council Meeting in public session at 7:13 p.m. Mayor Buckley noted that there were a number of potentially contentious issues on the agenda and stressed the need to maintain decorum. He noted the ability to turn off the microphone, and indicated that if necessary the Sheriff's Deputy would escort people who disrupted the meeting out. PLEDGE OF ALLEGIANCE The Pledge ofAllegiance was led by E.V.M.W.D. Boardmember Ben Wicke INVOCATION -MOMENT OF SILENCE Mayor Buckley led the meeting in a Moment of Silerrt Prayer. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY ABSENT: COUNCILMEMBERS: NONE Page Three -City Council Minutes -September 14, 2004 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, Police Chief Fetherolf, Finance Manager Magee, Engineering Manager Seumalo, Parks & Open Space Manager Fazzio, Planning Manager Villa, Police Lt. Anderson, City Treasurer Weber and City Clerk/Human Resources Director Kasad. PRESENTATIONS/CEREMONIALS A. Presentation -Trauma Intervention Program. (F:108.1) Roseanne Orweiler appeared with several representatives of the Trauma Intervention Program and thanked the City Council for their assistance. She indicated that they were honored to serve the community and stressed their appreciation of the City's support. She announced their Casino Night fundraiser and detailed the cost of tickets. She noted that they would leave brochures on the event at the door. Mayor Buckley repeated that the fundraiser would be held at Canyon Lake on October 16tH B. Presentation -Chamber of Commerce Update. (F:108.4) Jack McColley, Chairman of the Board, thanked the Council for the opportunity to update them and the community on Chamber events. He indicated that the biggest event at the Chamber was the transitional phase with the resignation of Chris McColley as President and CEO. He noted that she had done a great job for the last three years, but had decided to resign her position. He advised that they had been transitioning for the last few weeks and would continue to do so for a few more. He commented that the Chamber would continue to grow and prosper with the City Council's continued support. He introduced the Chamber's new Presideet and CEO, who came up from the Board, Kim Cousins. He noted that Mr. Page Four -City Council Minutes -September 14, 2004 Cousins brought with him managerial experience from a variety of companies including McDonnell Douglas. He indicated that Mr. Cousins had his Bachelor of Arts degree from Cal State Fullerton in Accounting and Information Management Systems. He noted that Mr. Cousins was well versed on the operations of the Chamber, due to his work on the Board; and that was assisting him in the transition. Mr. Cousins noted the success of the most recent EDC Lunch program, and noted the increased interest it had generated for the Chamber's website. He thanked the sponsors for their assistance with the event. He announced the following upcoming events: September 23rd -Business Mixer at Rustic Grill, sponsored by Robbins Pest Management, Pyramid of Health and Rustic Grill. September 28`" -Student of the Month Lunch at Sizzler October 9`" -Lake Elsinore Rotary Club Arts & Wine Festival on Main Street. October 14t" -EDC Lunch & Education Summit - He noted that this event would have about 300 to 500 high school students looking at the pursuit of career paths in the education field. CLOSED SESSION REPORT City Attorney Leibold announced that the above listed items were discussed in Closed Session with the following announcements. She indicated that with regard to the anticipated litigation, there was no reportable action. She indicated that with regard to the second item being the Performance Evaluation for the City Manager, the term of the existing contract was July 1, 1993 through June 30, 2001, with automatic rollovers, so there was a one year term remaining. She advised that tonight the Council voted 3 to 2 with Councilmembers Kelley and Schiflrier dissenting to provide written notice ofnon-renewal of the contract. She further Page Five -City Council Minutes -September 14, 2004 advised that the Council would discuss the contract further at the November 9th meeting, but allow it to run the term of twelve months. She indicated that this would allow for negotiation with a clean slate. PUBLIC COMMENTS -NON-AGENDIZED ITEMS -1 MINUTE David Cooper, 32900 Riverside Drive, indicated that in May of 2003, he suggested to then Mayor Brinley that the Moment of Silence be changed to a Moment of Silent Prayer. He noted that tonight that change was on the agenda for a vote. He commented that having a Moment of Silence was appropriate at Ground Zero in New York on September 11, 2004, but not at every meeting of the City Council. He encouraged the Council to support the proposed change. He provided a prayer for the City Council's wisdom, the safety of soldiers in Afghanistan and the President. David Cheney 29041 Stoneridge Terrace, announced that the NAACP would be holding a Candidate Forum on October 23`d at 11 a.m., in the Library annex. He suggested arriving early, as there was limited space available. He noted that the NAACP does not support candidates or political parties. Ron LaPere, 16867 Wells, thanked the citizens for calling today to alert the City, and stop the removal of palm trees on Gunnerson and McBride. He indicated that the trees were not removed and the check was returned. He advised that last week at the Planning Commission there was a unanimous vote paying tribute and extending thanks and congratulations to Community Development Director Brady and his staff for bringing complete and full information to the Commission. He stressed that this thorough information allowed the Commission to make wise decisions. He offered applause to Mr. Brady and his staff. Pete Dawson, 18010 Grand Avenue, noted that he had previously provided pictures to Council regarding the Laing Homes project, which was already approved. He indicated that at the meeting four weeks prior, he had presented the picture saying it was a flooded Lake Elsinore in 1993. He advised that he was told in conversation that 1993 would have been before the outflow channel was Page Six -City Council Minutes -September 14, 2004 completed, and a 1995 picture would be more appropriate. He presented the picture from January, 1995 and questioned where homes could safely be built. Donna Franson, 7 Villa Valtelena, thanked all the people who have been so responsive to the Lake Elsinore newsletter. She noted that they had received over 200 of the cards back, and many encouraging notes were included on the cards. She indicated that the group was working on membership packets which should be in the mail either late-September or early-October. She noted that the responses showed that people are interested in participating in the growth of Lake Elsinore. She advised that the next newsletter could be expected some time in November. She requested Mayor Buckley's assistance in contacting Mr. Stahovich at the County to address issues on the Laing Home project. She invited Mayor Pro Tem Kelley to write the next letter for the newsletter. Teri Prijatel, 17471 Lakeshore Drive, S., noted that many people know her for her volunteer work in LEMSAR. She requested the public's assistance in raising money for her Daughter-in-Law in Lake Elsinore. She explained that Nico Williams had a case of bone cancer in her leg, but continued to train horses and young riders. She detailed the condition and explained that the leg was recently amputated, so Nico was in need of a prosthetic leg. She encouraged participation in the fund-raiser on October 10th at the Humphries Estate in Temecula. She indicated that people interested in donating to the silent raffle could ca11678-1281 and those interested in donating funds could contact People Helping People at 699-1710. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES Requests were received to address the following items and deferred to those discussions: Item Nos. 4, 10 and 34. Page Seven -City Council Minutes -September 14, 2004 CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4 and 10. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED, WITH THE MINUTES AMENDED AS DISCUSSED DURING THE EARLIER STUDY SESSION, AND THE CORRECTION TO ITEM 3. The following Minutes were approved as amended: a. Joint Study Session - July 13, 2004. b. Joint Study Session -July 27, 2004. c. Regular City Council Meeting -July 27, 2004. d. Regular City Council Meeting -August 10, 2004. e. Regular City Council Meeting -August 24, 2004. (F:44.4) The following Minutes were received and ordered filed: f. Planning Commission Minutes-August 17, 2004. (F:60.3) 2. Ratified Warrant List of August 31, 2004. (F;12.3) 3. Approved Council Policy Revision regarding Moment of Silent Prayer, as corrected. (F:120.1)(X:44.1) 5. Approved funding for Fire Station 10 -Concrete Repair Work, in the amount of $41,850. (F:127.3)(X:30.1) 6. Approved Professional Services Agreement for Noble Consultants, Inc., in Page Eight -City Council Minutes -September 14, 2004 an amount not to exceed $12,500 for a Supplemental Engineering Report. (F:68.1)(X:114.13 7. Adopted Resolution No. 2004-59 approving participation in the Juvenile Accountability Incentive Block Grant. (F:84.8) RESOLUTION N0.2004-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LAKE ELSINORE POLICE DEPARTMENT TO PARTICIPATE IN THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT. Adopted Resolution No. 2004-60, authorizing the Placement of Nuisance Abatement Hearing costs as Special Assessments on the Property Tax Rolls (F:32.4) RESOLUTION N0.2004-60 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF NUISANCE, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVH)ING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT LIEN AGAINST SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVH)ING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE. 9. Approved Amendment to the Agreement by and between the County of Riverside and the City of Lake Elsinore for Roadway Improvements on Corydon Street. (F:68.1)(X:156.1) Page Nine -City Council Minutes -September 14, 2004 PUBLIC HEARINGS None. BUSINESS ITEMS 31. Industrial Project No. 2004-02 - Vanderhoek Industrial Buildings. (F:86.2) Community Development Director Brady detailed this item, which includes two industrial buildings at Birch and Minthorn. He advised that they would be concrete tilt-up buildings, and noted the drawings as presented. He indicated that the proposal included 70 parking spaces and landscaped areas, making it a very nice design. Councilman Magee inquired if the applicant was present and if he had comments. The Applicant was present, but indicated that he had no comments. Councilman Magee thanked him for his investment in the Community. MOVED BY MAGEE, SECONDED BY SCHIFFNER TO APPROVE DESIGN REVIEW OF INDUSTRIAL PROJECT N0.2004-02 BASED ON THE FOLLOWING FINDINGS AND EXHIBITS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Mayor Buckley noted the high quality of the drawings presented and inquired if they were computer generated. The Applicant confirmed. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. Findines 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. The proposed Industrial Design Review located at APN: 377-151-044 complies Page Ten -City Council Minutes -September 14, 2004 with the goals and objectives of the General Plan, in that the approval of this industrial complex will assist in achieving the development of awell-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: 377-151-044 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 and 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 Industrial Design Review located at APN.• 377-151-044, 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 Review located at 377-151-044 has been scheduled for consideration and approval by Page Eleven -City Council Minutes -September 14, 2004 the Planning Commission. CONDITIONS OF APPROVAL FOR INDUSTRIAL DESIGN REVIEW NO 2004-02 GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Contract Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, Contract Consultants, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the subject project located at Assessor Parcel Number 377-151-044, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. INDUSTRIAL DESIGN REVIEW N0.2004-02 z. Design review approval for Industrial Project No. 2004-02 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. 3. 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 Page Twelve -City Council Minutes -September 14, 2004 release of utilities. 4. 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. 5. Structures shall be placed on-site as depicted on the site plan and/or as modified by the Community Development Director or designee. 6. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or designee, prior to issuance of building permit. 7. The Planning Division shall approve construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond for each. s. 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. ~. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for Type `A' loading zones (12' x 20') and Type `B' loading zones (12' x 40'). 10. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of Page Thirteen -City Council Minutes -September 14, 2004 the Lake Elsinore Municipal Code. 11. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 12. 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. All light fixtures shall be consistent with the architectural style of the building. 13. All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building as approved by the Community Development Director or Designee. 14. The applicant shall submit a Sign Program for the approval of the Planning Commission prior to the issuance of the first building permit. 15. All building signage shall comply with the Sign Program submitted to the Planning Division. 16. All drive aisles and loading areas shall be kept and maintained free and clear of any materials/merchandise so as not to obstruct on-site circulation and deliveries. 17. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 18. Provide a 12-inch concrete paver along the side of parking stalls that are adjacent to planters (paver to include curb width). 19. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 20. No exterior roof ladders shall be permitted. Page Fourteen -City Council Minutes -September 14, 2004 21. All service and loading doors shall be painted to match the building. 22.On-site surface drainage shall not cross sidewalks. PRIOR TO BUILDING/GRADING PERMITS 23. 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. 24. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. a) 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 Fifteen -City Council Minutes -September 14, 2004 e) Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. 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. i) 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. 25.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. Page Sixteen -City Council Minutes -September 14, 2004 26.Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 27.Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 28.Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. 29.The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. ENGINEERING 30.Development shall designed to allow for truck turning movements on site as well as onto the site. Truck turning template showing trucks turning to back into all loading bays shall be required. 31.Fu11 half width street dedications on Minthorn Street shall be required for 30-foot half width right-of--way dedication and 20-foot of roadway improvements shall be constructed between the centerline and curb-face. This requirement shall be for the project frontage with transitions to the existing pavement where applicable. 32.Building pad elevations shall be required to be 1-foot above the 100-year flood elevation. 33.On-site detention shall be required for the incremental increase in storm water runoff. 34.The driveway located on Minthorn Street shall be 40-feet deep (Clear from the curb face to the first parking stall or drive isle). Page Seventeen -City Council Minutes -September 14, 2004 35.A reciprocal access easement shall be required between the property to the southeast and the subject property. 36.A11 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. 37.Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal Water District. 38.A11 street improvements shall be installed and functioning prior to certificate of occupancy. 39.Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26), mitigation fees, area drainage fee, traffic impact fee (TIF), encroachment permit fees and inspection fees associated with the project and its development. 40.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 issuance of building permit. 41.Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to certificate of occupancy. 42.Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). Page Eighteen -City Council Minutes -September 14, 2004 43.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. 44.A11 compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 'h" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 45.The applicant shall install permanent survey monuments in compliance with the City's municipal code. 46.Applicant shall obtain all necessary off-site easements for off-site grading or construction from the adjacent property owners prior to issuance of building permit. 47.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. 48.Provide fire protection facilities as required in writing by the Riverside County Fire Department. 49.Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. SO.Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. S 1.If applicable, 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 development. Page Nineteen -City Council Minutes -September 14, 2004 52.A11 improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disks which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 53.A11 utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 54.Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. SS.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 56.An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 57.A11 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. 58.Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. Page Twenty -City Council Minutes -September 14, 2004 59.Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of--way, subject to the approval of the City Engineer. 60.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 drainage easement. 61.A11 natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 62.Meet all requirements of LEMC 15.64 regarding flood hazard regulations 63.Meet all requirements of LEMC 15.68 regarding flood plain management. 64.Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to issuance of building permit. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 65.A11 drainage facilities in this site shall be constructed to Riverside County Flood Control District Standards. 66.Storm drain inlet facilities shall be appropriately stenciled to prevent.illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 67.10-year storm runoff should be contained within the curb and the 100-year storm runoff should be contained with the street right-of--way. When either of these criteria is exceeded, drainage facilities should be installed. Page Twenty-One -City Council Minutes -September 14, 2004 68.A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed storm water run-off on private property. 69.Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 70.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. 71.Education guidelines and Best Management Practices (BMP) shall be provided to tenants of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 72.Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveways. 73.Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 74.Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. Page Twenty-Two -City Council Minutes -September 14, 2004 75.A11 parcels shall have direct access to public right-of--way or be provided with a minimum 30 ft ingress and egress easement to public right of-way provided on improvement plans or by separate instrument. 76.Existing access easements over property must be addressed to the satisfaction of the easement owners prior to certificate of occupancy. 77.In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all phases of construction and operation. RIVERSIDE COUNTYFIRE DEPARTMENT 80.The applicant shall comply with all comments and conditions of approval from the Riverside County Fire Department. COMMUNITYSERVICES DEPARTMENT 81.Applicant shall pay park-in-lieu fees for all proposed commercial buildings. 82.Applicant to maintain all on-site landscaping. 83.Applicant to comply with all City Ordinances regarding construction debris and removal (Chapter 8.16 LEMC). 84.Applicant to comply with all NPDES regulations. 32. Request for Additional Funding -Animal Friends of the Valle. (F:18.3) City Manager Watenpaugh noted that this was a very basic request, and the representatives of the Animal Friends were present to respond to questions. Page Twenty-Three -City Council Minutes -September 14, 2004 Community Services Director Sapp detailed the request for an increase of $4,800 annually, or $400 per month. He noted that the current contract was for $85,200 per year, on a monthly basis. He recommended approval of the requested and indicated that funding was currently available in the budget, as it was funded in anticipation of the JPA being formed for the animal shelter. MOVED BY MAGEE, SECONDED BY SCHIFFNER TO APPROVE THE REQUESTED $4,800 INCREASE PER YEAR. Councilman Hickman commented that Temecula received and increase of $1,500 per month vs. this $400 per month. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 33. City Hall Remodel. (F:50.1) MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM OFF CALENDAR UNTIL SOME OF THE COUNCIL COULD MEET WITH STAFF AND DISCUSS THE PROJECT. Mayor Buckley noted that, next Friday, on September 24"' City Hall would again be open on Fridays. 34. Choice of Consultant -Benefits Audit. (F:24.1)(X:44.1)(X:l 16.1) Councilman Magee noted that the Council had appointed asub-committee to send out requests for proposal and review the proposals for a benefit audit on certain benefits discussed by the Council. He indicated that of the 36 requests sent out, only five firms had responded, of which a couple were deemed none responsive. He recommended the selection of William J. Healey CPA to review a one year time period for the fiscal year 2003-2004. and report back to the sub-committee by October 15~'. He noted that Mr. Page Twenty-Four -City Council Minutes -September 14, 2004 Healey's response was the most accurate, detailed and consistent with the Council wishes. Vida Boice, 17 Ponte Negra, indicated that her questions had been answered. Mayor Pro Tem Kelley indicated that she wanted to clarify a couple of things. She inquired if the results of the audit were to come back to the full Council or just the sub-committee. Mayor Buckley indicated that they would come back to the sub-committee, and then the full Council. Mayor Pro Tem Kelley suggested that the report should come back to the entire Council. She commented that she was also concerned with the legal issues regarding the rights to privacy under the HIPAA laws. She noted that the names of doctors and the patients could not be connected, and questioned how that would work. City Attorney Leibold echoed Mayor Pro Tem Kelley's comments and noted that it would be important for the City Attorney's office to be participatory with respect to the dissemination of information and. related issues. Mayor Pro Tem Kelley indicated that she had no problem with the City Attorney providing input into the process. She noted that her question earlier was to make sure the Council was included in the audit, which it is and that was good. She suggested that it would be more beneficial if all five Councilmembers got the results at the same time. Councilman Magee indicated that in the RFP, approved at the last meeting, the Audit Procedures required a report to only the sub-committee, with the draft report before October 15"', with the final report for referral to the entire City Council, including all of the findings, etc. He stressed that they responded to specific direction in the RFP. Councilman SchifFner questioned the dollar amount of the bid. Mayor Buckley indicated that it was $18,400. Councilman Magee clarified that the bid was a range of prices. Councilman Schiffner indicated that with regard to the question of the audit coming back to the Council, it would in Page ltventy-Five -City Council Minutes -September 14, 2004 effect happen, as the Committee would not be making any decisions. Mayor Pro Tem Kelley stressed that she would want the information given to all Councilmembers, so they could all evaluate it and respond. She indicated that she would want the outcome presented in a professional manner, instead of on the front page of the newspaper first. Councilman Hickman questioned if the sub-committee was comfortable with the one year review, or if they would be more comfortable with two years. Councilman Magee clarified that two years was not part of the scope of work, so he would be uncomfortable changing it. Councilman Magee reiterated that the RFP said the initial report was to the sub-committee, with comments by them. He commented that he could make it available to all Councilmembers, however that interest was not mentioned previously. He indicated that he had no problem providing copies of the draft report, with all Councilmembers responding in writing. MOVED BY BUCKLEY, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE PROPOSAL OF WILLIAM J. HEALEY III, CPA, TO PERFORM A ONE YEAR (FISCAL YEAR 2003- 2004) BENEFIT AUDIT TO INCLUDE ALL CITY ISSUED CREDIT CARDS. 35. Scheduling of Study Sessions. (F:44.1) Mayor Buckley noted that this was a housekeeping issue, to complete two issues before the end of the year. He indicated that the first one was the Code of Ethics, and the second was the consideration of a new City logo or brand for a comprehensive marketing program. He suggested October 14th and 5 p.m. for the Code of Ethics and October 21St at 5 p.m. for the Marketing program. MOVED BY HICKMAN, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE STUDY SESSION DATES AS Page Twenty-Sig -City Council Minutes -September 14, 2004 DISCUSSED ABOVE. 36. Rescheduling of September 28th Meeting. (F:44.1) Mayor Buckley requested that this item be pulled from the Agenda with prejudice. ITEMS PULLED FROM THE CONSENT CALENDAR 4. Disposal of Surplus Equipment -Computers & Electronics. (F:48.1) Vida Boice, 17 Ponte Negra, suggested that before the City got rid of this equipment, they should look at the Senior Activity Center for placement of the equipment such as a printer, noting the difficulty with the old printer they have. She suggested that this would be recycling the equipment to a good use. She stressed that staff should consider trying to place the equipment in places of benefit, such as Senior Center. Infonnation/Communications Manager Dennis thanked Mrs. Boice for the suggestion and indicated that staff does look to recycle operable equipment; however this was primarily scrap equipment. He commented that if a printer does not pull paper or print properly, it would still need to be maintained by the City wherever it was place. He noted that the suggestion would be honored when there was functional equipment. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE DISPOSAL OF SURPLUS COMPUTERS AND ELECTRONIC EQUIPMENT AS REQUESTED. 10. Legal Services Contract -Steve Filarsky. (F:68.1) Vida Boice, 19 Ponte Negra, indicated that this name was not familiar to her and questioned the purpose of the item. City Attorney Leibold clarified the recommendation for a Professional Services Contract. Mrs. Boice Page Twenty-Seven -City Council Minutes -September 14, 2004 questioned who Mr. Filarsky was. City Attorney Leibold indicated that he specialized in municipal employment and personnel matters; and noted that she did not have that expertise in her firm. Mayor Buckley noted that there would be no ongoing costs. Councilman Hickman noted his understanding from the earlier discussion that this was to assist the City in personnel issues. He suggested adding "City Council" rather than just the City. City Attorney Leibold clarified that the City Council is the voice of the City, and the services would be provided to the Council as the City representatives. MOVED BY SCHIFFNER, SECONDED BY KELLEYAND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONTRACT WITH STEVE FILARSKY AND AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:57 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:02 P.M. PUBLIC COMMENTS -NON-AGENDIZED ITEMS - 3 MINUTES Donald Ash, 1131 Mill Street, addressed the issue of houses on the floodplain. He noted that he was a Director of the Water District at the time the plan was pushed through to stabilize the Lake. He indicated that he objected to the Lake Management Plan and suggested that it was a real estate scheme to allow houses to be built. He suggested if that was the intent they should have been honest with the community; and noted that there was not even a vote of the people, because the Water District wanted to push it through. He noted a report on the plan from an engineering firm that reported there would be no houses in the floodplain and it would only be used for recreation and agricultural purposes. He further noted that there was later an agreement with a developer to put houses in the floodplain, followed by a lawsuit and yet another developer intending to build houses. He Page 'Itventy-Eight -City Council Minutes -September 14, 2004 commented that the Council recently accepted the plan, so now the community was stuck with houses in the floodplain. He reiterated that there were to be no houses in the floodplain. He questioned the way the City Council was operating, and suggested that it was not doing the City any good. Carol Gordon, Senior Code Enforcement Officer, noted that as a long time City employee she remembered what it was like before this City Manager. She noted that there were hopes that Lake Elsinore would take off like Temecula, and it had done so. She indicated that she was thrilled to be part of the major changes, and attributed the successes to "the man at the wheel". She expressed wishes that she and other employees could continue to work under the City Manager's support and guidance. Matt Pressey, Administrative Services Director, indicated that the most important aspect of research for employment, was who his boss would be. He commented that he chose Lake Elsinore for the rich history, beautiful community and scenery, the team approach and the City Manager. He noted that the City Manager was spoke of highly, and after having worked with him extensively had seen him from both sides. He noted that he had worked for eleven different cities, three as an employee; and has seen a lot of City Managers. He indicated that Mr. Watenpaugh was one of the best due to his corporate history, character, honesty and fairness. He noted that all of the staff respects him and he had only heard positive comments about him. He indicated that as a department head he wanted to share in the concern for the direction of the City; and noted that he saw a bright future, with a Council serving the best interest of the City. He indicated that in his opinion it would be a great loss if the City Manager's contract was not renewed. He commented that in response to the direction given to the City Manager by the Council, he was responsive and worked to see those directions fulfilled. He noted that he takes the direction in an assertive manner, delegates and holds staff accountable. He commented that Mr. Watenpaugh meets with the public, returns calls and has an open door. He stressed that this was not a decision to be taken lightly and expressed belief that the best interests of the City would be considered. Edith Stafford passed on her comments. Page Twenty-Nine -City Council Minutes -September 14, 2004 Ron LaPere passed on his comments. Lt. Col. Paula Graver, 117 Poe Street, noted an a-mail that reminded her of what she told her son about war in 1984 or 1985. She read the a-mail comparing a neighborhood to the events in the world. She commented that she appreciated the prayers and good wishes, noting that her son was shot in shoulder and recuperating in Texas. Tim Fleming, 17970 Lakeshore Drive, noted that he has been a resident of Lake Elsinore for over ten. years, and saw it as a management run City. He thanked the new Council majority for taking the control back and making decisions for the citizens. CITY MANAGER COMMENTS City Manager Watenpaugh commented that he had thought long and hard about his comments and addressed the following: 1) Commented Paula Graver on her presentation. 2) Noted that he respected the position of the Council, but challenged the community to support them. He noted that the majority of the voters do not show up at meetings or care about what happens. He indicated that most do not take the time to show up. He advised that he was comfortable with the Council's action this evening, and was proud to be part of the staff. He thanked everyone for the comments this evening and challenged the businesses to step forward and become part of the community. He indicated that there were only three people that got up and made positive comments on how the issues should be addressed; and Mr. Harvey Ryan had suggested how to deal with issues. He commented that he wished the residents would be supportive of the Council, as they are in office and deserve to hear from everyone. He stressed that the Council had a right to know the peoples' thinking. He indicated that the Council was doing Page Thirty -City Council Minutes -September 14, 2004 the best they could with the input they were receiving to make the tough decisions. He stressed that the Council was trying to raise the bar beyond the accusations and threats that became press and overshadowed the positives. He stressed the need to stop the negative and move forward; and expressed appreciation for the opportunity and challenges. CITY ATTORNEY COMMENTS No Comments. COMMITTEE REPORTS No Reports. CITY TREASURER COMMENTS No Comments. CITY COUNCIL COMMENTS Councilman Magee commented on the following: 1) Requested that stafftake a look at the policy on Street Sweeping and Citations, noting that he receives a lot of comments that the signs mark the time, but when the sweeper had gone by they were still receiving citations. He questioned the ability to change that policy, noting that the purpose of the program was to clean streets, not exact citations. Councilman Hickman commented on the following: 1) Concurred that it would be appropriate to look into the Street Sweeping citations. Page Thirty-One -City Council Minutes -September 14, 2004 2) Noted that those interested in assisting with holiday meals for the needy contact Ron Hewison at 471-1013. He explained that they were attempting to coordinate the efforts of the various groups. He noted that clothing and shoes were available for kids from HOPE, but a referral was needed from community connections. 3) Announced the September 16th meeting to be held in the Cultural Center regarding the Riverside/Orange County Road Study. Mayor Pro Tem Kelley commented on the following: 1) Thanked everyone who turned out for the Music with a View series, and commented that she appreciated the support. Councilman Schiffner commented on the following: 1) Noted the meeting on the new route for Orange County and explained that right now it was in the 18 month study period. He advised that they were looking at the area from the Ortega Highway to the 91 freeway, at four possible locations. He indicated that an EIR was required for each area, so they were breaking it down to the four routes, as the whole area would be too extensive. He explained that the process was underway to make determinations. He advised that this meeting was one of many around Western Riverside County to gain public input, and noted that meetings would be held in both counties. He encouraged participation in the meeting. He noted that while the discussions were occurring soon, it would still require a concerted effort to move forward and proceed with the project. 2) Noted the Closed Session discussion as described and indicated that he was in favor of continuing to keep the City Manager, as he believes the majority of the businesses have respect for him. He further noted that the elected officials in other cities also respect him, as he has heard from many of them. He requested that the public Page Thirty-Two -City Council Minutes -September 14, 2004 with a feeling on this matter come forward and make these feelings known. He noted the options and stressed the importance of everyone providing their opinions. He indicated that he did not want the City run by a few naysayers that approve of nothing. He encouraged the public to come out and address the item. Mayor Buckley commented on the following: 1) Reminded the community of the Trauma Intervention Casino Night. 2) Reminded the community of the fundraiser for Nico Williams and indicated that tickets were available. 3) Reminded the public of the September 16th meeting from 6:30 to 8:30 and noted that it would be a scoping session to look at possible plans. He encouraged everyone to support building the road in Lake Elsinore. 4) Announced the following upcoming events: September 18 - Familia Celebracion September 25 -Free Fishing on the Lake October 2 -City-Wide Clean up from 7 a.m. to 1 p.m. for household debris and bulky items. October 2 -Household Hazardous Waste Disposal October 3 -Open Air market October 4 -Woman's Club Rummage Sale 5) Advised that there would be coffee available every day at the Senior Center until 11 a.m. 6) Noted that this meeting had the potential to be rather long, and thanked everyone for maintaining decorum. Page Thirty-Three -City Council Minutes -September 14, 2004 ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:31 P.M . THOIVIAS BUC Y, MAYOR CITY OF L ELSINORE ITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE