HomeMy WebLinkAbout10-12-2004 City Council MinutesMINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, OCTOBER 12, 2004
CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Buckley at 5: 10
p.m.
ROLL CALL
PRESENT: COUNCILMEMBERS:
HICKMAN, KELLEY,
MAGEE, SCHIFFNER,
BUCKLEY
ABSENT: COUNCILMEMBERS:
NONE
Also present were: Assistant City Manager Best, City Attorney Leibold,
Community Development Director Brady, Community Services Director
Sapp, Lake & Aquatic Resources Director Kilroy, Engineering Manager
Seumalo, Finance Manager Magee, Information/Communications Manager
Dennis, Planning Manager Villa, Public Works Manager Payne, City
Treasurer Weber and City Clerk/Human Resources Director Kasad.
CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL--EXISTING
LITIGATION (Subdivision (a) of Gov't Code §54956.9)
County of Riverside, et al v. City of Lake Elsinore and Laing-CP Lake
Elsinore LLC (Riverside County Superior Court Case No. RIC418775)
(F:40.1)(X:52.2)
City Attorney Leibold announced the Closed Session discussion as listed above.
Page Two -City Council Minutes -October 12, 2004
THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO
CLOSED SESSION AT 5:12 P.M.
The Closed Session discussion was completed at 6:00 p.m.
RECONVENE IN PUBLIC SESSION (7:00 P.M.)
Mayor Buckley reconvened the Regular City Council Meeting in Public Session at
7:06 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Boy Scout Troop 912.
INVOCATION -MOMENT OF SILENT PRAYER
Mayor Buckley led the audience in a moment of silent prayer.
ROLL CALL
PRESENT: COUNCILMEMBERS:
HICKMAN, KELLEY,
MAGEE, SCHIFFNER,
BUCKLEY
ABSENT: COUNCILMEMBERS:
NONE
Also present were: Assistant City Manager Best, City Attorney Leibold,
Community Development Director Brady, Community Services Director
Sapp, Fire Chief Gallegos, Lake & Aquatic Resources Director Kilroy, Police
Chief Fetherolf, Engineering Manager Seumalo, Finance Manager Magee,
Information/Communications Manager Dennis, Planning Manager Villa,
Police Lt. Anderson, Police Lt. Koepp, Public Works Manager Payne, City
Treasurer Weber and City Clerk/Human Resources Director Kasad.
Page Three -City Council Minutes -October 12, 2004
PRESENTATIONS/CEREMONIALS
A. Proclamation -Constitution Week. (F:122.1)
This item was postponed to the next Regular City Council Meeting, as there
was no representative present to accept it.
B. Presentation -Watershed Clean-up Reco nition. (F:56.1)
Code Enforcement Officer Gordon noted the participation in the Santa
Margarita Watershed Clean-up by hundreds of volunteers. She commented
that this effort brought out the best in area residents. She advised that this
year's event was held on September 25 and noted that while no totals were
known yet, they were hoping that overall it would be less than last year.
She introduced the representatives of Boy Scout Troop 912 from Wildomar.
She thanked the Scouts for their participation and noted the bar-be-que at
the park after the work.
C. Presentation -Stolen Vehicle Recovery Awards. (F:127.2)
Mayor Buckley requested that Chief Fetherolf , Lt. Anderson, and Lt.
Koepp forward to assist with the presentations. Chief Fetherolf noted that
there were four officers recognized by the State for the recovery of stolen
vehicles. He detailed the requirements for this recognition and recognized
Deputies Topete, Darling and Morin, and Inspector Dekker.
Mayor Buckley read and presented the Proclamations to each officer.
D. Presentation -Chamber of Commerce Update. (F:108.4)
Kim Cousins, President and CEO for the Chamber of Commerce, displayed
their first monthly newsletter in two years and noted the availability of
additional copies. He indicated that the newsletter would be presented on a
monthly basis and was available from the Chamber website. He announced
Page Four -City Council Minutes -October 12, 2004
the upcoming EDC Luncheon at the Diamond on Thursday and indicated
that it would be an Education Summit followed by an afternoon program for
high school juniors and seniors. He also announced that the last Chamber
Mixer of the year would be held at Coco's Restaurant on October 28th. He
further announced that the Chamber would be doing anon-perishable food
drive to benefit HOPE, and assist in helping needy families. He indicated
that more information was available from the Chamber office of their
website.
PUBLIC COMMENTS -NON-AGENDIZED ITEMS -1 MINUTE
Edith Stafford, 29700 Hursh Street, noted that she attended the Ad Hoc Electoral
Reform Committee Meeting last night, and indicated that she was not afforded an
opportunity to speak on the agendized items. She commented that she brought
the point up and the Attorney was asked to speak on the matter and said while
there was a requirement to give comment time, there was not a requirement to give
comment time on agendized items. Mrs. Stafford stressed that there was a
requirement that people be allowed to speak on the items on the agenda, and read
from the Brown Act.
Donald Ash, 1131 Mill Street, noted that he had been at the same address for 21
years and had seen a lot happen in the City. He addressed the comments by Mrs.
Stafford and reiterated that people were allowed to speak at any meeting, except
closed meetings. He questioned what people could do when the lawyers said they
could not speak. He suggested that the lawyers made decisions based on the
financial awards. He noted the loss of the deal to sell the Diamond and suggested
that the Council did not look into that business and determine they had a right to
bid on the Stadium.
George Alongi, commented on the Railroad Canyon off-ramp and noted that it
took him 54 minutes to get off the ramp. He indicated that situation was not good
for people coming to the City and spending a lot of money on their homes. He
stressed the danger at this location, noting that the cars were backed up onto the
freeway and then blocking the intersection. He expressed understanding of the
Page Five -City Council Minutes -October 12, 2004
cost factors, but suggested looking at the use of reserve officers or the posse to
assist in this area. He further commented that the City's public relations person
should make positive comments about the community, and not comments that are
contradictory to the Council.
..Mayor Buckley noted that there was a situation on Railroad Canyon Road on
Tuesday afternoon, when another water district was digging it up during the day
instead of at night, which complicated the existing problems. He noted that the
interim renovations would be starting soon. Community Development Director
Brady indicated that staff was waiting for Caltrans approval, but the plans were
ready to go and would go to bid upon approval. Mayor Buckley noted the new
motorcycle officers which also were assisting in areas such as this.
PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES
Requests were received to address the following items and deferred to those
discussions:
Item Nos. 5, 37.
CONSENT CALENDAR
The following items were pulled from the Consent Calendar for further discussion
and consideration:
Item Nos. 4 and 5.
MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED
BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE
.:CONSENT CALENDAR, WITH THE MINUTES CORRECTED AS NOTED
EARLIER AND MAYOR BUCKLEY ABSTAINING FROM VOTE ON
ITEM 1.C.
The following Minutes were approved:
Page Six -City Council Minutes -October 12, 2004
a. Joint Study Session -September 14, 2004.
b. Special City Council Meeting -September 22, 2004.
c. Regular City Council Meeting -September 28, 2004. (F:44.4)
2. Ratified Warrant List for September 30, 2004. (F:12.3)
3. Approved Supplemental Law Enforcement Service Fund (SLESF)
Expenditure Plan For 2004-2005, and authorized City staff to submit the
plan to the Riverside County Sheriff's Department Grants Unit. (F:84.8)
4. Authorization to Amend the Contract for CEQA Compliance Documents for
North Tuscany Hills Project - HDR Engineering. (This item was pulled from
the Agenda for further work prior to approval.) (F:68.1)
PUBLIC HEARINGS
21. Tentative Tract Map No. 31106 (Canyon Hills Specific Plan) -Pardee
Homes. (F:160.2)
Mayor Buckley opened the public hearing at 7:27 p.m.
Community Development Director Brady detailed the project and noted that
the applicant had previously agreed to put in detached single family homes
and have abided by that agreement. He advised that the Planning
Commission had recommended approval, and detailed the
recommendations.
Jim Stringer, representing Pardee Homes, offered to answer questions.
Mayor Buckley asked those persons interested in this project to speak.
There were no public comments.
Councilman Hickman indicated that he liked this project, and noted that
they had done an excellent job so far.
Page Seven -City Council Minutes -October 12, 2004
Councilman Schiffner indicated that he was ready to move for approval.
Councilman Magee noted that he understood from the Community
Development Director that the original plan was for multi-family attached
units, but now the project was single family detached homes. Community
Development Director Brady indicated that the options were from single
family to condos or apartments. He noted that at the suggestion of Mayor
Pro Tem Kelley, he had toured phase one of the Riverbend Property, and
confirmed that Pardee provided a quality project. He indicated that they
had created a beautiful environment, and had been sensitive to the unique
terrain. He commented that he was still concerned with the lot sizes in the
area and while it looks great he would be watching the balance of the
property develop. He noted that there were still several opportunities to
change the project, and indicated that he would look at the 1Ziverbend
project as the high water mark. He expressed appreciation to Pardee
Homes for their work in the area and expressed hopes that this project
would be a continuation of their good work.
Councilman Hickman thanked them for the fire station and noted that the
project was ahead of schedule.
Mayor Buckley addressed the remaining nodes ofmulti-housing density.
Community Development Director Brady pointed out the four additional
areas and their locations on the map. Mr. Stringer addressed the plans and
pointed out that the last two planning areas would most likely be
condominiums. He noted that they would be processing townhomes on
project area five in the next couple of weeks. Mayor Buckley noted that
they had built a good product and Canyon Hills was still working out, in
spite of the lots under 4,000 square feet.
Mayor Pro Tem Kelley added that the reason the project worked was the
design, the mix of units, and the homeowners association. She noted that
the streets in this area were private and the Riverbend project was very
popular.
Page Eight -City Council Minutes -October 12, 2004
She indicated that it was still somewhat affordable and very attractive
thanks to the efforts by Pardee on design and layout.
MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY
UNANIMOUS VOTE TO APPROVE TENTATIVE TRACT MAP 31106,
BASED ON ATTACHMENTS A THRU E AND THE FOLLOWING
FINDINGS, AND SUBJECT TO THE FOLLOWING CONDITIONS OF
APPROVAL:
Findings
The Project is Consistent with Desien Standards Contained in the Cannon Hills Specific Plan:
City Planning and Engineering have reviewed the proposed tentative tract map and have no concerns,
if required conditions of approval aze satisfied. The proposed tentative tract map is consistent with
standards contained in the Canyon Hills Specific Plan relating to lot size, lot width, lot depth, street
widths, and other Planning and Engineering standazds and requirements. In addition, the proposed
tentative tract map is consistent with the lot configuration that was designed with TTM No. 30754.
The proposed tract map will construct smaller lots. The 108 individual detached residential lots
measure between 3,273 sf. to 7,202 s£; average lot size is 4,298 s£ It should be noted that the
Canyon Hills Specific Plan permit 3,000 sf. minimum small-lot subdivisions within the MF2 Zone.
The proposed tract map complies with the minimum lot size standard contained in the Canyon Hills
Specific Plan.
2. Proposed TTM No. 31106 Complies with Conditions Established with TTM No. 30754: As
discussed, proposed TTM No. 31106 further subdivides a large lot that was originally created with
TTM No. 30754, which was approved by the City in 2003. TTM No. 30754 included a Condition of
Approval (COA No. 14), which required the applicant to subdivide the proposed TTM No. 31106
into individual single-family residential lots.
Said Condition reads as follows: "Prior to construction of Lot 128 (which is the TTM No. 31106
azea), the applicant shall final a new tract map for the Lot 128 area, which subdivides said lot for
single-family detached residential units."
Proposed TTM No. 31106 implements the Condition of Approval since it further subdivides the
project area (Lot 128) into individual single-family residential lots.
3. Proposed TTM No. 31106 is an Extension of the ltiverbend Development: As discussed, the
applicant is presently constructing the Riverbend development which was subdivided by TTM No.
30754. Proposed TTM No. 31106 is contiguous to the Riverbend development area and will
Page Nine -City Council Minutes -October 12, 2004
therefore, extend and continue construction of the Riverbend development. The Planning
Commission reviewed and approved design of the Riverbend development in July 2003.
The Planning Commission recommended approval of the project, though they expressed concerns
regarding the lots' small size. They understood that the lot sizes were consistent with the
development standards contained in the Canyon Hills Specific Plan. No one from the public spoke.
The applicant accepted the Conditions of Approval during the Planning Commission meeting.
Conditions of Approval
PLANNING DIVISION CONDITIONS
GENERAL
1. Tentative Tract Map No. 31106 will expire two years from date of approval unless within that period
of time a Final Map has been filed with the County Recorder, or an extension of time is granted by
the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. Additional
extensions of time (36 months maximum time per the Subdivision Map Act) may be granted per City
Council approval.
2. Tentative Tract Map No. 31106 shall comply with the State of California Subdivision Map Act and
shall comply with all applicable requirements of the Lake Elsinore Municipal Code (LEMC), unless
modified by approved Conditions of Approval.
3. Future development shall comply with those standards and guidelines contained in the Residential
Element, Commercial/Institutional Element, Public Facilities and Services Element, Resources
Management Element, Circulation Element, Zoning Element, and Community Wide Implementation
Element as contained in the Canyon Hills Specific Plan document.
4. Tentative Tract Map No. 31106 shall comply with the State of California Subdivision Map Act and
applicable requirements contained in the Canyon Hills Specific Plan document and the Lake Elsinore
Municipal Code (LEMC), unless modified by approved Conditions of Approval.
Future development shall comply with those requirements and provisions contained in the Canyon
Hills Development Agreement and Canyon Hills Public Facilities and Services Financing
Agreement.
6. The applicant shall participate in the City of Lake Elsinore Citywide Landscaping and Street
Lighting District, as appropriate.
The applicant shall provide all project-related onsite and offsite improvements as described in the
Canyon Hills Specific Plan document.
Page Ten -City Council Minutes -October 12, 2004
8. The applicant shall implement those mitigation measures identified in the 1989 Final Canyon Hills
Specific Plan EIR and the 2003 Addendum to the Final Canyon Hills Specific Plan EIR.
9. All future proposals shall be reviewed by the City on aproject-by-project basis. If determined
necessary by the Community Development Director or designee, additional environmental analysis
will be required.
10. Future construction of TTM No. 31106 shall meet all Riverside County Fire Deparhnent standazds
for fire protection and any additional requirements requested by the County Fire Department.
11. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the
City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or
proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or
annul an approval of the City, its advisory agencies, appeal boazds, or legislative body concerning
implementation and construction of the Canyon Hills Specific Plan, which action is bought within
the time period provided for in California Government Code Sections 65009 and/or 66499.37, and
Public Resources Code Section 21167. The City will promptly notify the applicant of any such
claim, action, or proceeding against the City and will cooperate fully with the defense.
PRIOR TO FINAL TRACT MAP
12. All lots shall comply with minimum standards contained in the Canyon Hills Specific Plan.
13. A precise survey with closures for boundaries and all lots shall be provided per the LEMC.
14. Street names within the subdivision shall be approved by the Community Development Director or
Designee.
15. All of the improvements shall be designed by the applicant's Civil Engineer to the specifications of
the City of Lake Elsinore.
16. The applicant shall comply with all requirements of the Riverside County Fire Department.
17. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD).
PRIOR TO DESIGN REVIEW APPROVAL
18. All future structural development associated with this map requires separate Design Review
approval.
19. Prior to Design Review approval, the applicant shall show the following:
• Prepaze Conceptual Landscape Plan for Model Home Complex which describes species, size,
and location of trees, shrubs, groundcover, hardscape, etc. to be provided.
Page Eleven -City Council Minutes -October 12, 2004
• Show that azchitectural treatments and articulation will be provided along all elevations, not only
the front elevations. At a minimum, foam surrounds will be provided around all windows located
along the side and rear elevations.
• Those side and reaz elevations that are within the public view will be provided with additional
architectural enhancements and azticulations.
• Show that those materials provided along the front elevations (ie. brick, stone, etc.) will wrap
around the side elevation and be flush with the front return walls.
• All front return walls shall be constructed of decorative masonry concrete block. Wooden front
returns aze not allowed.
• Perimeter walls around the subdivision shall be of decorative masonry concrete block.
Design for all drainage basins nronosed with Tentative Tract Man No 31106 shall be annroved by the
City Engineer and Community Development Director or designee Security fencing shall also be
shown. Chain-link fencing is prohibited
PRIOR TO BUILDING PERMIT/GRADING PERMITS
20. Prior to issuance of any grading permit and/or building permit, the applicant shall sign and complete
an "Acknowledgment of Conditions" and shall return the executed original to the Community
Development Department.
21. The applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements,
where applicable, prior to each phase of development of the project.
22. Prior to issuance of building permit, a Fuel Modification Plan and Program shall be approved by the
Fire Deparhnent for future phases. Said Plan and Program shall show those special treatments
necessary to achieve an acceptable level of risk in regazd to the exposure of structures to flammable
vegetation and shall describe the method of removal and installation, and provisions for maintenance.
23. The applicant shall comply with the following City programs: the City Source Reduction and
Recyclmg Element and Household Hazardous Waste Element, the County Solid Waste Management
Plan and Integrated Waste Management Plan.
24. Prior to issuance of building permit, the applicant shall submit a letter of verification (will-serve
letter) to the City Engineer, for all required utility services.
25. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD).
26. All subdivision tracts shall annex into the existing Canyon Hills Homeowner's Association.
Page Twelve -City Council Minutes -October 12, 2004
27. The applicant shall pay applicable fees and obtain proper cleazance from the Lake Elsinore Unified
School District (LEUSD) prior to issuance of building permits.
28. Pay all applicable fees including park fees.
29. The applicant shall provide connection to public sewer for each lot within any subdivision. No
service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans
and profiles for submittal to the EVMWD.
30. Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan
addressing the following:
• Show that a masonry or decorative block wall will be constructed along the entire tract boundary.
• Show materials, colors, and heights of rear, side and front walls/fences for proposed lots.
• Show that front return walls shall be decorative masonry block walls. Front return wood fences
shall not be permitted.
• Show that side walls for corner lots shall be decorative masonry block walls.
• Show that those materials provided along the front elevations (ie. brick, stone, etc.) will wrap
around the side elevation and be flush with the front return walls.
32. The applicant shall submit plans to the electric utility company for a layout of the street lighting
system. The cost of street lighting, installation as well as energy charges shall be the responsibility
of the developer and/or the association. Said plans shall be approved by the City and shall be
installed in accordance with the City Standazds.
33. The applicant shall meet all requirements of the providing electric utility company.
34. The applicant shall meet all requirements of the providing gas utiliTy company.
35. The applicant shall meet all requirements of the providing telephone utility company.
36. A bond is required guazanteeing the removal of all trailers used during construction.
37. All signage shall be subject to Planning Division review and approval prior to installation.
38. Any alterations to the topography, ground surface, or any other site preparation activity will require
appropriate grading permits. A Geologic Soils Report with associated recommendations will be
required for grading permit approval, and all grading must meet the City's Grading Ordinance,
subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills
and cuts greater than sixTy feet (60') shall be provided. Interim and permanent erosion control
Page Thirteen -City Council Minutes -October 12, 2004
measures are required. The applicant shall bond 100% for material and labor for one (1) year for
erosion control landscaping at the time the site is rough graded.
39. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not
commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity
shall not take place on Saturday, Sunday, or any Legal Holidays.
40. The applicant shall post a $5,000.00 performance bond or other acceptable form of security to
address future law enforcement needs that may be caused by potential project construction violations.
The performance bond shall remain in effect for the term of construction and shall be: (1) acceptable
to the applicant, (2) in a fore approved by the City Attorney, and (3) reasonably addresses additional
enforcement requirements that aze not feasibly addressed by the Sheriff's Office.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
41. The applicant shall restrict all construction traffic from using Lost Road, south of the project
boundary. All construction traffic will access the project azea from Canyon Hills Road.
42. Throughout construction, as deemed appropriate by the City and the applicant, fugitive dust
suppression along Lost Road to minimize fugitive dust generation shall be applied. Fugitive dust
suppression techniques may include soil watering, application of soil binders, and/or placement of
gravel or other appropriate material to minimize vehicle generated dust.
ENGINEERING DIVISION CONDITIONS
43. Dedicate and improve full half-width street cross section of Canyon Hills Road. Cross section shall
comply with Canyon Hills Specific Plan requirements.
44. Cedaz Creek Lane street improvements shall be consistent with alignment and grade of existing
street.
45. Show cross section along tract boundary with existing tract.
46. Grading or altered drainage into the jurisdictional areas shall require a permit from the appropriate
agency.
47. Street lights shall comply with the Mount Palomar Lighting Requirements.
48. Graded slopes shall not exceed a 2:1 ratio.
49. All Public Works requirements shall be complied with as a condition of development as specified in
the Lake Elsinore Municipal Code (LEMC) prior to final map approval.
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50. Underground water rights shall be dedicated to the City pursuant to the provisions of Section
16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal
Water District.
51. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 8526).
52. 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
fmal map approval.
53. Construct all public works improvements per approved street plans (LEMC 12.04), Plans must be
approved and signed by the Engineering Manager prior to final map approval (LEMC 16.34).
54. 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).
55. Applicant shall enter into an agreement with the City for the construction of public works
improvements and shall post the appropriate bonds prior to fmal map approval.
56. Interior streets shall be designed with 9 percent as the desired grade and intersecting streets shall
meet at a maximum grade of 6 percent.
57. 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).
58. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8
''/z" x 11" Mylar) shall be submitted to the Engineering Division before fmal inspection of public
works improvements will be scheduled and approved.
59. Applicant shall install 2 permanent bench marks to Riverside County Standards and at a location to
be determined by City Engineering Manager.
60. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property
owners prior to final map approval.
61. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the
roadway or alley shall be the responsibility of the property owner or his agent.
62. Provide fire protection facilities as required in writing by Riverside County Fire.
63. Provide street lighting and show lighting improvements as part of street improvement plans as
required by the City Engineering Manager.
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64. Applicant shall annex to the City's Street Lighting and landscaping Maintenance District.
65. Applicant shall install blue reflective pavement mazkers in the street at all fire hydrant locations.
66. 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 Pazking and Street Sweeping Signs for streets
within the tract.
67. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall
submit tapes and/or discs which are compatible with City's ARC Info/GIS or applicant to pay $300
per sheet for City digitizing.
68. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving
utility.
69. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A
grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the
grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined
by the City 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.
70. Provide soils, geology and seismic report including street design recommendations. Provide final
soils report showing compliance with recommendations.
71. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or
liquefaction zones present on-site unless previously performed by the underlying development. In
the event the project is outside the study area, a stamped letter from a Licensed Geologist or
Geotechnical Engineer.
72. 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 fr. in height shall be contoured.
73. 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 Engineering Manager.
74. 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 Engineering Manager.
Page Sixteen -City Council Minutes -October 12, 2004
75. 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.
76. On-site drainage facilities located outside of road right-of--way should be contained within drainage
easements shown on the final map. A note should be added to the final map stating: "Drainage
easements shall be kept free of buildings and obstructions".
77. All natural drainage traversing site shall be conveyed through the site, or shall be collected and
conveyed by a method approved by the City Engineering Manager.
78. Meet all requirements of LEMC 15.64 regazding flood hazazd regulations.
79. Meet all requirements of LEMC 15.68 regazding floodplain management.
80. Applicant to provide FEMA elevation certificates prior to certificate of occupancies
81. Site development along the lake perimeter will require special grading and flood proofing
requirements (LEMC 15).
82. Submit Hydrology and Hydraulic Reports for review and approval by City Engineering Manager and
the Riverside County Flood Control District prior to approval of final map. Applicant shall mitigate
any flooding and/or erosion caused by development of site and diversion of drainage.
83. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District
Standards.
84. 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 Engineering Manager.
85. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should
drain to a landscaped area when ever feasible.
86. 10 yeaz storm runoff should be contained within the curb and the 100 year storm runoff should be
contained within the street right-of--way. When either of these criteria is exceeded, drainage facilities
should be installed.
87. A drainage acceptance letter will be necessary from the downstream properly owners for outletting
the proposed stormwater run-off on private property.
88. Applicant will be required to install BMPs using the best available technology to mitigate any urban
pollutants from entering the watershed.
Page Seventeen -City Council Minutes -October 12, 2004
89. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional
Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES)
program with a storm water pollution prevention plan prior to issuance of grading permits. The
applicant shall provide a SWPPP for post construction which describes BMPs that will be
implemented for the development including maintenance responsibilities.
90. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Boazd for their
storm water pollution prevention plan including approval of erosion control for the grading plan prior
to issuance of grading permits.
91. Education guidelines and BMPs shall be provided to residents of the development in the use of
herbicides, pesticides, fertilizers as well as other environmental awazeness education materials on
good housekeeping practices that contribute to protection of stonnwater quality and met the goals of
the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan.
92. Applicant shall provide first flush BMPs using the best available technology that will reduce storm
water pollutants from parking areas and driveway aisles.
93. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear
and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers.
The applicant should contract with CR&R Inc. for recycling and storage container services, but the
applicant may use the services of another recycling vendor. Another recycling vendor, other than
CR&R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not
using CR&R Inc. for recycling services and the recycling material is either sold or donated to another
vendor, the applicant shall supply proof of debris disposal at a recycling center, including
verification of tonnage by certified weigh master tickets.
94. 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, cleaz and grubbing or all other
phases of construction.
Mayor Buckley closed the public hearing at 7:36 p.m.
22. Zone Change No. 2004-01, Tentative Tract Map No. 32129 and Miti ag ted
Negative Declaration No. 2004-OS -Resolution No. 2004-63 and Ordinance
No. 1129 -The Sauls Company. (F:160.2)
Mayor Buckley opened the public hearing at 7:37 p.m.
Page Eighteen -City Council Minutes -October 12, 2004
Community Development Director Brady detailed the items for
consideration and noted the location of the property. He advised that the
proposal divided the land into 27 homes and 10 open space lots, with a
minimum lot size of 6,000 square feet. He indicated that this plan was
consistent with the Ramsgate project. He advised that the Planning
Commission had reviewed this project and recommended approval.
Mayor Buckley questioned the typical lot size. Ed Sauls, applicant,
indicated that the average lot size was 9,200 square feet. He noted that they
had been working with staff and requested approval of the project. He
offered the project engineer Chris Weber or himself to answer further
questions.
Adel Abusamara, 32655 Rachel Circle, Dana Point, indicated that he owned
50 acres in the middle of the Ramsgate Project. He expressed his thanks
and support for Mr. Sauls' cooperation on his tract map. He also thanked
the City for their efforts and help.
Dick Sharma, 19700 Sharon St., Perris, noted that he was a property owner
on the adjacent property. He indicated that his street had never existed and
would no longer exist with this project. He clarified that in spite of that, he
was not opposed to the project; he only had serious concerns about what this
project would do to the area in the future. He commented that the area was
meant to be a rural buffer along the County line, and questioned where the
development would stop. He indicated that his property was in limbo, as
this project was coming up to his fence. He noted that the Sauls Company
has set it out and planned the project well, but the next set of houses would
look right into his property and he would look into theirs. He indicated that
this would take away his public access to his property, but noted that he still
had private access via aright-of--way through another property. He
expressed concern that Highway 74 would have the same problems as
Railroad Canyon Road. Mayor Buckley inquired if Mr. Sharma had
discussed his concerns with Community Development Director Brady. Mr.
Sharma indicated that he had met with Mr. Sauls and received answers to
Page Nineteen -City Council Minutes -October 12, 2004
some of his questions and Mr. Sauls recognized his concerns. Mayor
Buckley addressed the future concerns and suggested that Community
Development Director Brady could assist him. Mr. Sharma expressed
concern that this was a tentative map with no rural connection but a row of
trees. Councilman Magee questioned the access issues and suggested that
he meet with the Community Development Director and the 5th District
Supervisor to resolve his concerns. He commented that everything was
coming toward the property and encouraged Mr. Sharma to maintain his
legal access. Mr. Sharma noted a wildlife refuge to the east of his and
suggested that would be another concern that would need to be buffered
from the homes. He noted that the property along Trellis Road would be
prime for annexation to the City, particularly in light of the City's growth.
He indicated that the County/City line was down the center of Sharon
Street, and questioned the City's ability to abandon'/z of the right-of--way.
Councilman Schiffner addressed the map and indicated that unless he was
incorrect, the right-of--way would remain as it was, as there were no lots in
the area. Mr. Sharma clarified that he was not concerned with the location
of a house, but suggested that it was impractical to build a road there,
however it was the only possible public access. Councilman Schiffner
indicated that the road would still exist. Mr. Sharma indicated that he was
not sure how it would exist. He stressed that his concern was for the future
access to his property. Councilman Schiffner questioned the access via
Sharon Street. Mr. Sharma indicated that his main access was a deeded
right-of--way, up a steep hill. Councilman Schiffner noted that on the
diagram it would appear that the existing roads would continue to exist.
Assistant City Manager Best suggested that it would be best for Mr. Sharma
to meet with Community Development Director Brady to address the access
issues. Councilman Schiffner indicated that he was sympathetic to Mr.
Sharma's concerns, but he was not sure this project would impact him as
much as anticipated. Mr. Sharma stressed the potential impacts of future
developments.
Page Twenty -City Council Minutes -October 12, 2004
MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE TO ADOPT RESOLUTION N0.2004-63, ADOPTING
MITIGATED NEGATIVE DECLARATION N0.2004-OS AND THE
MITIGATION MONITORING PROGRAM .
RESOLUTION N0.2004-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ADOPTING MITIGATED NEGATIVE
DECLARATION N0.2004-OS AND THE MITIGATION
MONITORING PROGRAM THERETO, FOR ZONE CHANGE NO.
2004-O1, AND TENTATIVE TRACT MAP N0.32129, ON
APPROXIMATELY 10+ ACRES LOCATED APPROXIMATELY
TWO MILES NORTHEAST OF THE INTERSTATE 15/STATE
HIGHWAY 74 (CENTRAL AVENUE) INTERCHANGE, AT THE
SOUTHERN. END OF TRELLIS LANE, SOUTH OF SHARON
STREET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 347-110-
021 AND A PORTION OF 347-110-022.
MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT
ORDINANCE NO. 1129, UPON FIRST READING BY TITLE ONLY,
APPROVING ZONE CHANGE N0.2004-O1:
ORDINANCE NO. 1129
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE
N0.2004-O1, CHANGING THE ZONING DESIGNATION FROM
"RR-RURAL RESIDENTIAL" TO "Rl- SINGLE FAMILY
RESIDENTIAL," UNDER THE ZONING ORDINANCE, ON 10+_
ACRES LOCATED APPROXIMATELY TWO MILES NORTHEAST
OF THE INTERSTATE 15/STATE HIGHWAY 74 (CENTRAL
AVENUE) INTERCHANGE, AT THE SOUTHERN END OF
Page Twenty-One -City Council Minutes -October 12, 2004
TRELLIS LANE, SOUTH OF SHARON STREET, AND KNOWN AS
ASSESSOR'S PARCEL NOS. 347-110-021.
UPON THE FOLLOWING VOTE:
AYES; COUNCILMEMBERS:
HICKMAN, KELLEY, MAGEE,
SCHIFFNER,BUCKLEY
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
NONE
NONE
NONE
MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE TO APPROVE TENTATIVE TRACT MAP NO.
32129, BASED ON EXHIBITS `A', `B' AND `D' AND THE FOLLOWING
FINDINGS, AND SUBJECT TO THE FOLLOWING CONDITIONS OF
APPROVAL.
FIlVDINGS
Findings -Mitigated Negative Declaration No. 2004-OS and the Mitigation Monitoring
Program
1. Based on evaluations and discussions contained in the Initial Study and Mitigated
Negative Declazation, the proposed project has limited potential to degrade the quality of
the environment. The proposed project will not significantly affect the environment with
mitigation measures in place.
2. The proposed project will not have impacts that aze individually limited but cumulatively
considerable with mitigation measures in place. Given that the project impacts are
insignificant, cumulative impacts aze not foreseen.
3. The proposed project does not have the potential to significantly adversely affect humans,
either directly or indirectly with mitigation measures in place.
Page Twenty-Two -City Council Minutes -October 12, 2004
Findings -Zone Change No. 2004-O1
1. The proposed amendment will not be (1) detrimental to the health, safety, comfort, or
general welfaze of the persons residing or working within the neighborhood of the
proposed amendment or within the City, (2) injurious to property or improvements in the
neighborhood or within the City.
a. The proposed zoning of R-1 Single Family Residential is the most similaz zoning
to the residential development occurring within the adjacent Ramsgate Specific
Plan. If the subject property had remained part of a future specific plan, there is
every likelihood that a transition such as the one proposed would have been
designed for the area.
b. The proposed R-1 zone provides development standards that protect the public
health, safety and general welfare of persons residing or working within the
neighborhoods in the azea or within the City. The proposed project shall comply
with these standards.
2. The proposed amendment will be consistent with the latest General Plan.
a. The proposed R-1 zoning is consistent with the existing General Plan designation
of "Future Specific Plan F," which accommodates residential development at a
maximum density of 6 dwelling units per acre. The General Plan identifies issues
to be addressed in this area, namely hillside grading, compatibility of development
to adjacent uses, and impacts to biological resources. These issues were reviewed,
addressed and considered by the Initial Environmental Study and within the
design ofthis project.
Findings -Tentative Tract Map No. 32129
1. The proposed subdivision, together with the provisions for its design and improvements,
is consistent with the City of Lake Elsinore General Plan. The proposed subdivision is
compatible with the objectives, policies, general land uses and programs specified in the
General Plan (Government Code Section 66473.5).
a. The design of the subdivision and density of 2.5 dwelling units per acre are
consistent with the General Plan designation of "Future Specific Plan F," which
accommodates residential development up to 6 dwelling units per acre.
Page Twenty-Three -City Council Minutes -October 12, 2004
b. The project proposes single family residential lots ranging in size from 6,000
square feet to 31, 000 square feet, which meet the R-1 zoning minimum.
2. The site of the proposed division of land is physically suitable for the proposed density of
development in accordance with the General Plan.
a. The overall density proposed by this project is consistent with the adjacent
Ramsgate Specific Plan.
b. The map provides open space areas that protect the natural topography and views.
3. The effects that this project is likely to have upon the housing needs of the region, the
public service requirements of its residents and the available fiscal and environmental
resources have been considered and balanced.
a. The project is consistent with the City's General Plan. During the approval of
City's General Plan, housing needs, public services and fiscal resources were
scrutinized to achieve a balance within the City.
b. The map has been conditioned to annex into Community Facilities District 2003-1
to offset the annual negative fiscal impacts of the project on public safety
operations and maintenance issues in the City.
c. The, map has been conditioned to annex into Lighting and Landscape Maintenance
District No. 1 to offset the annual negative fiscal impacts of the project on public
right-of--way landscaped areas to be maintained by the City, and for street lights in
the public right-of--way for which the City will pay for electricity and a
maintenance fee to Southern California Edison.
4. Subject to the attached conditions of approval, the proposed division is not anticipated to
result in any significant environmental impact.
a. An Initial Study was prepared for this project which identified potentially
significant environmental effects, but proposals made or agreed to by the applicant
would avoid the effects or mitigate the effects to a point where clearly no
significant effects would occur.
b. There is no substantial evidence that the project may have a significant effect on
the environmental.
Page Twenty-Four -City Council Minutes -October 12, 2004
c. Mitigation measures are required to ensure all potentially significant impacts are
reduced to levels of insignificance. Tentative Tract Map No. 32129 has been
conditioned to comply with these mitigation measures.
5. The design of the proposed division of land or type of improvements are not likely to
cause serious public health problems.
a. Tentative Tract Map No. 32129 is conditioned to comply with all development
standards of the Rl Single Family Residential Zone. These standazds aze in place
to benefit the public health, safety and welfare.
6. The design of the proposed division of land or the type of improvements will not conflict
with easements, acquired by the public at lazge, for access through or use of property
within the proposed division of land.
a. All known easements or requests for access have been incorporated into Tentative
Tract Map No. 32129.
b. The adjacent property owner to the east requested access through Tentative Tract
Map No. 32129. This map has been designed with "B" Street to stub at the
easterly boundary, thereby allowing this connection.
c. The map has been circulated to City departments and outside agencies, and
appropriate conditions of approval have been applied for their approval during
construction.
CONDITIONS OF APPROVAL
PLANNING DIVISION
Tentative Tract Map No. 32129 will expire two (2) yeazs from date of approval unless within that
period of time a fmal map has been filed with the County Recorder, or an extension of time is
granted by the City of Lake Elsinore CiTy Council in accordance with the Subdivision Map Act
(SMA). Additional extensions of time (36 months maximum time per the SMA) may be granted
with City Council approval.
2. Tentative Tract Map No. 32129 shall comply with the State of California Subdivision Map Act and
shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless
modified by approved Conditions of Approval.
The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the
City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against
Page Twenty-Five -City Council Minutes -October 12, 2004
the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an
approval of the City, its advisory agencies, appeal boards or legislative body concerning Tentative
Tract Map No. 32129, which action is brought within the time period provided for in California
Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167.
The City will promptly notify the Applicant of any such claim, action, or proceeding against the
City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of
any such claim or proceeding, the Applicant shall not, thereafter, be responsible to defend,
indemnify, or hold harmless the City.
4. ,The applicant shall sign and return an "Acknowledgment of Conditions" to the CommuniTy
Development Department within 30 days of the Tentative Tract Map approval by the City Council.
PRIOR TO FINAL TRACT MAP
5. The applicant shall comply with all Conditions of Approval prepared by the Riverside County Fire
Department as listed in their transmittal dated Mazch 11, 2004 attached.
6. All lots shall comply with minimum standards of the Rl Single Family Residential zone.
7. A precise survey with closures for boundaries and all lots shall be provided per the LEMC.
8. Street names within the subdivision shall be approved by the CommuniTy Development Director or
designee prior to final map approval.
9. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of
the City of Lake Elsinore.
10. The applicant shall comply with the Mitigation Monitoring Program prepared for Mitigated
Negative Declazation No. 2004-05.
11. The applicant shall initiate and complete the formation of a homeowners' association, approved by
the City, recorded and in place. All Association documents shall be reviewed and approved by the
City and recorded, such as the Articles of Incorporation and Covenants, Conditions and Restrictions
(CC & R's). The HOA shall be responsible for the maintenance of all open space areas and
maintenance easement areas.
a. In the event that the Homeowners' Association fails to meet its responsibilities with
regards to the maintenance of open space areas, the Lighting, Landscaping and
Maintenance District shall automatically provide such maintenance and assess the
individual property owners for such service.
12. The Final Map shall identify downslopes adjacent to streets as HOA Maintenance Easements. All
HOA Maintenance Easements shall be planted, irrigated and maintained by the HOA.
Page Twenty-Six -City Council Minutes -October 12, 2004
PRIOR TO GRADING AND BUILDING PERMITS:
13. Construction shall be restricted until adjacent subdivisions have developed or the applicant obtains
arrangements with adjacent property owners to provide fuel modification zones for this project.
14. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall
not commence before 7:00 a.m. and shall cease at 5:00 p.m., Monday through Friday. Construction
activity shall not take place on Saturday, Sunday or any legal holidays.
15. Upon violation by applicant of the City's Noise Ordinance or Condition of Approval # 14, applicant
shall cease all construction activities and shall be permitted to recommence such activities only
upon depositing with the City a $5,000 cash deposit available to be drawn upon by the City to fund
any future law enforcement needs that may be caused by potential project construction violations
and the enforcement of the City's Noise Ordinance and Condition of Approval # 14. The applicant
shall replenish the deposit upon notice by the City that the remaining balance is equal to or less
than $1,000.
16. The applicant shall comply with the requirements of the Lake Elsinore Unified School District
under the provisions of SB 50, wherein the owner or developer shall pay school fees or enter into a
mitigation agreement prior to the issuance of a certificate of compliance by the District.
17. The applicant shall provide connection to public sewer for each lot within the subdivision. No
service laterals shall cross adjacent property lines and shall be delineated on engineering sewer
plans and profiles for submittal to the EVMWD.
18. All storm drains are to be maintained in accordance with the cooperative agreement with the
Riverside County Flood Control and Water Conservation District.
a. The homeowners' association shall maintain water quality basins, landscaping, and open
space drainage.
19. The developer shall submit plans to the electric utility company for a layout of the street lighting
system. The cost of street lighting, installation as well as energy charges shall be the responsibility
of the developer and/or the Association until streets are accepted by the City. Said plans shall be
approved by the City and shall be installed in accordance with City Standards.
20. The applicant shall meet all requirements of the providing electric utility company.
21. The applicant shall meet all requirements of the providing gas utility company.
22. The applicant shall meet all requirements of the providing telephone utility company.
23. A bond is required guaranteeing the removal of all trailers used during construction.
Page Twenty-Seven -City Council Minutes -October 12, 2004
24. All signage shall be subject to Planning Division review and approval prior to installation.
25. Landscape Plans for the tract shall include vegetative screening of all retention basins.
26. Any alterations to the topography, ground surface, or any other site preparation activity will require
appropriate grading permits. A Geologic Soils Report with associated recommendations will be
required for grading permit approval, and all grading must meet the City's Grading Ordinance,
subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills
and cuts greater than sixty feet (60') shall be provided. Interim and permanent erosion control
measures are required. The applicant shall bond 100% for material and labor for one (1) yeaz for
erosion control landscaping at the time the site is rough graded.
27. Prior to the approval of any final map, the applicant shall submit a phasing plan if multiple final
maps are proposed, which show all phasing lines and the primary and secondary access for each
phase.
PRIOR TO DESIGN REVIEW:
28. All future structural development associated with this map requires sepazate Design Review
approval.
29. Elevation drawings for Design Review shall include four-sided azchitectural features.
30. Slopes on individual lots that are in excess of three feet in height shall be installed, landscaped and
irrigated by the developer prior to the issuance of a Certificate of Occupancy.
31. A detailed fencing plan shall be required for review and approval during the Design Review
process.
32. A detailed phasing plan shall be required for review and approval during the Design Review
process.
a. Construction phasing plans shall include the location of construction fencing for each phase.
b. Construction phasing plans shall indicate primary and secondary access and the location of all
utilities for each phase.
33. Provide permission to construct and permission to drain onto adjacent property from the affected
properties.
34. Process a lot line adjustment to include the boundaries of Lot 27 into this subdivision.
Page Twenty-Eight -City Council Minutes -October 12, 2004
35. Provide documentation that Lot 27 is not a requirement as an open space lot for the adjacent
development.
36. Provide drainage information including outlet details for Lots "C", "D", "E" & "F".
37. Provide permission to construct the termination point of "B" Street. "B" Street shall be barricaded
and signed as the temporary end of the street.
38. Verify that detention and first flush provisions are provided either on-site or accounted for on the
adjacent project.
39. Modifications to "J" Street shall require permission from affected property.
40. All Public Works requirements shall be complied with as a condition of development as specified
in the Lake Elsinore Municipal Code (LEMC) prior to issuance of building permit.
41. Underground water rights shall be dedicated to the City pursuant to the provisions of Section
16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal
Water District.
42. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 8526).
43. 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.
44. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be
approved and signed by the City Engineer prior to Final map approval (LEMC 16.34).
45. 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).
46. Applicant shall enter into an agreement with the City for the construction of public works
improvements and shall post the appropriate bonds prior to issuance of Building Permit.
47. Interior streets shall be designed with 9% as the desired grade and intersecting streets shall meet at
a maximum grade of 6
48. 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).
49. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8
''/i' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public
Page Twenty-Nine -City Council Minutes -October 12, 2004
works improvements will be scheduled and approved.
50. The applicant shall install two (2) permanent bench mazks to Riverside County Standards and at a
location to be determined by City Engineer.
51. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent
property owners prior to final map approval.
52. Arsangements 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.
53. Provide street lighting and show lighting improvements as pazt of street improvement plans as
required by the City Engineer.
54. Developer shall annex to the City's Street Lighting and Landscaping Maintenance District.
55. Developer shall install blue reflective pavement mazkers in the street at all fire hydrant locations.
56. 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 Pazking and Street Sweeping Signs for streets
within the tract.
57. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving
utility.
58. 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 yazds 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.
59. Provide soils, geology and seismic report including street design recommendations. Provide final
soils report showing compliance with recommendations.
60. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults
and/or liquefaction zones present on-site or provide documentation from a Professional Geologist
or Geotechnical Engineer that this is not required.
61. 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.
Page Thirty -City Council Minutes -October 12, 2004
62. 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.
63. Applicant to provide to the Ciry a photographic baseline record of the condition of all proposed
public Ciry 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.
64. On-site drainage facilities located outside of road right-of--way should be contained within drainage
easements shown on the final map. A note should be added to the final map stating: "Drainage
easements shall be kept free of buildings and obstructions".
65. 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.
66. Meet all requirements of LEMC 15.64 regarding flood hazard regulations.
67. Meet all requirements of LEMC 15.68 regarding floodplain management.
68. The applicant to provide FEMA elevation certificates prior to certificate of occupancies
69. 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.
70. 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 Ciry Engineer.
71. Roof and yard drains shall not be allowed to connect directly through cuts in the street curb. Roof
drains should drain to a landscaped area when ever feasible.
72. 10 year storm runoff should be contained within the curb and the 100 year storm runoff should be
contained within the street right-of--way. When either of these criteria is exceeded, drainage
facilities should be installed.
73. Applicant will be required to install BMP's using the best available technology to mitigate any
urban pollutants from entering the watershed.
74. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional
Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES)
program with a storm water pollution prevention plan prior to issuance of grading permits. The
applicant shall provide a SWPPP for post construction which describes BMP's that will be
implemented for the development including maintenance responsibilities.
Page Thirty-One -City Council Minutes -October 12, 2004
75. If required, the applicant shall obtain approval from Santa Ana Regional Water Quality Control
Board for their storm water pollution prevention plan including approval of erosion control for the
grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post
construction which describes BMP's that will be implemented for the development and including
maintenance responsibilities.
76. 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
awazeness education materials on good housekeeping practices that contribute to protection of
stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside CounTy
NPDES Drainage Area Management Plan.
77. Applicant shall provide first flush BMP's using the best available technology that will reduce storm
water pollutants from parking azeas and driveway aisles.
78. 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.
79. Arrangements shall be made between the City and the applicant for fiscal impacts by the project
prior to issuance of the first building permit. The .applicant shall participate in a Cost Recovery
Program or make other arrangements with the City to offset the annual negative fiscal impacts of
the project on public safety and maintenance issues in the City, including city-wide improvements
and facilities relating to fire and police protection and maintenance of roadways.
80. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant
shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris,
vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other
phases of construction.
COMMUNITY SERVICES DEPARTMENT
81. The applicant shall pay park mitigation fees of $1,600 per lot, totaling $43,200 for the project.
82. The developer shall comply with the City's Franchise Agreement for waste disposal and recycling.
ADMINISTRATIVE SERVICES DEPARTMENT
83. Prior to the issuance of the first building permit, the developer shall annex into Community
Facilities District No. 2003-01 to offset the annual negative fiscal impacts of the project on public
safety operations and maintenance issues in the City.
Page Thirty-Two -City Council Minutes -October 12, 2004
84. Prior to issuance of the first building permit, the applicant shall annex into Lighting and Landscape
Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public
right-of--way landscaped areas to be maintained by the City, and for street lights in the public right-
of-way for which the City will pay for electricity and a maintenance fee to Southern California
Edison.
31. Second Reading; -Ordinance No. 1128 -Zone Chan~;e 2004-09 -Wasson
Canyon Investments, L.P. (F:160.2)
MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT
ORDINANCE NO. 1128, UPON SECOND READING BY TITLE ONLY:
ORDINANCE NO.1128
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE
N0.2004-09, CHANGING THE ZONING DESIGNATION FROM
"RR- RURAL RESH)ENTIAL" TO "Bl- SINGLE FAMILY
RESIDENTIAL," UNDER THE ZONING ORDINANCE, ON
APPROXIMATELY 31.25+ ACRES LOCATED SOUTHEAST OF
HIGHWAY 74, NORTHEAST OF INTERSTATE 15, AND EAST OF
THE INTERSECTION OF CONARD AVENUE AND THH2D
STREET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 347-330-
019, -045, -046, -050 THRU - 053.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE,
SCHIFFNER, BUCKLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Page Thirty-Three -City Council Minutes -October 12, 2004
ABSTAIN: COUNCILMEMBERS: NONE
32. Proposal by Country Club Hei~,hts Committee to Address Area Concerns.
(F:59.5)
Assistant City Manager Best noted that the Committee had been meeting
since April to review issues on development for Country Club Heights.
She indicated that they had reviewed a variety of issues including
encouraging appropriate development in the area. She indicated that the
Chairman Ray Tamargo and Community Development Director Brady were
prepared to make a presentation on the Committee's recommendations
Chairman Tamargo detailed the Committee recommendations as follows:
Views from existing homes should be protected through the design
review process for new structures. A view shed ordinance should not
be adopted.
2. The design of public improvements and private development should
address public safety issues, particularly fire safety. The minimum
road width should be 20 feet and whenever possible should be
developed to 24 feet.
3. The study area should be rezoned to R-H and the Hillside Planned
Development Overlay District (Chapter 17.10) be applied to the area.
4. The historic character of the area should be preserved. The cast
concrete street lamps should be preserved and restored along
Lakeshore. Entry monument signs should be located at main
entrances to identify Country Club Heights as a unique residential
area of the City.
The study area boundaries should be revised to include an additional
area along Gunder to Pike Street and to remove the area bounded by
Dryden, Lakeshore, Lash and Wise Streets.
Page Thirty-Four -City Council Minutes -October 12, 2004
6. City fees associated with development should be eliminated or
reduced as an incentive to combine lots and encourage the
development of larger homes.
7. A consultant should be hired to analyze various methods of funding
public improvements such as water and sewer lines, street lights,
entry monument signs and road improvements through the use of
CFDs, assessment districts, or other funding mechanisms. An
estimated cost of providing the improvements should be derived
through this process.
Ron La Pere, 16867 Wells Street, Country Club Heights, requested that all
of the residents of the Country Club Heights areas be able to request a copy
of the recommendations for discussion as a group. He indicated that what
he heard sounded good and very thorough.
Mayor Buckley noted the presence of another Committee Member, Mr.
Boose. He thanked the Committee for their work.
Mayor Pro Tem Kelley thanked the Committee members for their hard
work, and noted that she had been kept abreast of their work via her member
on the Committee. She indicated that she was pleased with the results of
their work and expressed hopes that the Council would move forward on as
many issues as were possible. She noted the fiustrations in the area and
indicated that this was the beginning of the solution. She supported the
recommendations, but noted that she was at first worried about a couple of
items. She encouraged action to be taken wherever possible, with other
items being moved forward for study.
Councilman Magee thanked the Committee Members and the staff that
assisted them. He indicated that this was a monumental task and
commented that the Committee had done a fine job. He suggested that staff
could implement the majority of the recommendations and bring required
items back to the City Council for approval. Councilman Schiffner offered
Page Thirty-Five -City Council Minutes -October 12, 2004
to second that suggestion as a motion, assuming things could not be done
directly that quickly. He indicated that he would like to see these
recommendations move forward with a formal plan. Councilman Magee
commented that items 1 and 2 were policy issues, but items 3 through 6
would require administrative approval by the Council, so staff would have
to bring them back. He indicated that item 7 was for development of a
request for proposal, which would also have to come back.
MOVED BY MAGEE, SECONDED BY SCHIFFNER TO DIRECT STAFF
TO WORK ON THOSE ITEMS AND RETURN WITH THE
COMPONENTS AS THEY WORK THROUGH THEM.
Councilman Hickman offered kudos and indicated that he was anxious to
see how the CFD would be handled. He indicated that he was not crazy
about the area, noting the narrow streets, but concurred that it was a
beautiful area. He commented that the Council would love to assist with
development.
Mayor Buckley suggested that all seven items could come back by the
second meeting in November. City Attorney Leibold clarified that the
Zoning Ordinance would require public notices, Planning Commission
hearing and hearing by the City Council. She suggested that it be provided
as quickly as possible, unless the Council wanted the whole thing at once.
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.
33. Request for Funding - H.O.P.E. - $5,000. (F:108.8)(X:30.1)
Assistant City Manager Best deferred to Community Services Director
Sapp, noting that he had been working with the applicant. She noted that
HOPE regularly provided a variety of services to the community.
Page Thirty-Six -City Council Minutes -October 12, 2004
Ron Hewison, representing HOPE, offered to answer questions and noted
that the population HOPE was serving, was increasing and hence had
submitted this supplemental request.
Councilman Hickman indicated that HOPE should be commended, as they
serve about 70,000 people. He noted that some of the money came from
CDBG as seed money, but they received nothing from the City.
Councilman Schiffner commented that he was in favor of HOPE, and noted
that it was one of his two favorite charities. He indicated that he had some
thought on the issue, but was somewhat uncomfortable about the separate
allocation. He expressed concern that this looked like a prejudice in favor
of this charity.
Councilman Hickman indicated that it was important to know the reason
they were coming forward at this time. He indicated that Mr. Butension
had run the operation for years, but Mr. Hewison had taken on the position
and the program was running short of funds.
Mayor Pro Tem Kelley indicated that she was also a strong supporter of
HOPE, and intended to vote in favor of approval. She noted that many
years ago, when there were many worthwhile causes before the Council for
funds and the Council had to decide how much to give to who. She noted
that there were also requests to waive fees and the Council backed off and
determined that they would take the standard operating procedure of putting
just charity, once a year requests in the budget so they were not in a position
of favoring one over another. She noted the second requests were not
approved in the budget, and expressed concern with opening the flood
gates. She indicated that she would approve this request, but would want to
come up with a policy on funds and waivers of fees, for solid guidance in
the future.
Page Thirty-Seven -City Council Minutes -October 12, 2004
MOVED BY KELLEY, SECONDED BY HICKMAN TO APPROVE THE
DONATION OF $5,000 TO H.O.P.E. FROM THE CITY'S UNALLOCATED
REVENUES.
Mayor Buckley noted that spending money outside the budget cycle was not
the best process, but indicated that he thought it would be acceptable to give
to the needy.
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.
34. Purchase Authorization - Diamond Stadium Furniture - Fullerton
Restaurant Equipment - $42,330.52. (F:134.10)
Assistant City Manager Best noted that this item came to the Council in the
early summer, but was postponed due to the potential lease of the Stadium.
She commented that the deal had been terminated and staff would be
looking at the needs to allow use in the future. She indicated that a
number of items would be before the Council with regard to the needs at the
Stadium. She advised that overall, the cost of this bid had not changed.
She noted the detailed accounting and final balance of funding as provided
for the Council.
Councilman Magee thanked the Finance Manager for addressing the
unallocated revenue balance sheet between meetings. He inquired of
Community Development Director Sapp, as to whether the furniture would
be delivered prior to the opening of next season. Community Development
Director Sapp confirmed.
MOVED BY KELLEY, SECONDED BY SCHIFFNER TO AUTHORIZE
THE EXPENDITURE OF $42,330.52 FOR THE PURCHASE OF NEW
STADIUM FURNITURE FROM FULLERTON RESTAURANT
EQUIPMENT AND AUTHORIZE THE CITY MANAGER TO EXECUTE
THE PURCHASE ORDER.
Page Thirty-Eight -City Council Minutes -October 12, 2004
Councilman Hickman questioned if this would get rid of the plastic chairs.
Community Development Director Sapp indicated that the plastic chairs
would remain outside.
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.
35. Memorandum of Understanding; for the Acquisition of Property within the
City of Lake Elsinore for Conservation Purposes.
Mayor Buckley requested that this item be pulled and rescheduled for the
next meeting.
36. Cultural Center Renovations. (F:48.1)
Assistant City Manager Best advised that this item would allocate funds to
allow for additional improvements to the basement for plastering and
painting, so the museum could be open by the beginning of December. She
noted the work completed by the Historical Society to date, and indicated
that they could not complete the work without assistance. She indicated that
since it was a City owned building, staff would like to be able to assist
them.
Mayor Buckley inquired if this work would include the handicapped ramp,
electrical work, etc. Assistant City Manager Best clarified that it would
include plastering, painting and water damage repair.
George Alongi, noted that he was working with the Historical Society on
this project, and indicated that the best investment was in life, self and
family. He suggested that this was home to the Lake Elsinore family and
would make the building more valuable. He indicated that it was still a
great building, and the group had saved a lot of money on electrical work, as
he supervised the work himself. He advised that the plastering would be
quite extensive because they were not sure how much was involved; and the
Page Thirty-Nine -City Council Minutes -October 12, 2004
painting would be no problem. He stressed the dedication of the
volunteers, and requested that the Council consider this item.
Councilman Magee noted the presence of Historical Society representatives
and inquired if they had any input on this matter.
Donna Morin indicated that they greatly appreciated what the City was
considering doing, and noted that they were hoping to be open for
Christmas. She noted that it might not be as elaborate as they would like it
to be, but advised that their funds would provide the finishing touches. She
advised that the people of Lake Elsinore had provided great support to the
museum, and looked forward to displaying the exhibits with pride. She
requested consideration of this item and thanked the Council for their
consideration.
J.J. Swanson, noted that the museum will also be a research library. She
commented that the current library was heavily used on issues of Lake
Elsinore. She stressed that this was a much needed facility for the
community. She expressed appreciation for this consideration.
Councilman Schiffner indicated that he had no strong feelings on this, but
inquired when the facility was open, if there was a separate access.
Assistant City Manager Best indicated that it would be a separate entrance
and the Council facility could not be accessed from the downstairs.
Councilman Hickman noted that he went into the building when the
Historical Society first moved in, and commented that they had done a lot of
hard work. He offered his support to their efforts.
Mayor Pro Tem Kelley indicated that the Historical Society had already
invested $30,000 of their own dollars; so she concurred with Mr. Alongi
that the City needed to invest in the project.
Page Forty -City Council Minutes -October 12, 2004
MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE TO AUTHORIZE STAFF TO PROCEED WITH THE
ANTICIPATED REPAIRS, AND THAT THE FUNDING BE ALLOCATED
FROM THE GENERAL FUND UNALLOCATED RESERVES TO COVER
THE COST OF IMPROVEMENTS.
37. Update on Special Audit -Verbal Rem. (F:116.1)
Mayor Buckley noted that the sub-committee was handling this item, and
deferred to Councilman Magee.
Councilman Magee commented that four weeks ago, the sub-committee
came to the Council with recommendations to choose a contractor to
respond to the request for proposal to audit benefits and expenditures in the
City. He advised that late last week the auditing firm quit. He indicated
that he and the Mayor had discussed it briefly and they looked at the other
four bidders and placed a call to the second choice fund. He indicated that
between 4 and 6 p.m. today he received a phone message from a
representative of Conard & Associates, indicating that they would be
interested in continuing with the audit. He requested that Council
allow them to meet with Conard and bring back a recommendation in two
weeks for approval.
Ron LaPere, 16867 Wells, expressed hopes that the sub-committee would
spell out with due diligence the scope, and depth of the audit, and the fees
attached, so the City could get on with the normal work of the City.
Mayor Buckley indicated that they had already written a clear and proper
scope of work. He advised that they would be back in a couple of weeks
with a recommendation.
ITEMS PULLED FROM THE CONSENT CALENDAR
Award of Contract -Dust Control -South Western Sealcoatin , Ig nc. _
Page Forty-One -City Council Minutes -October 12, 2004
$72,483.84. (F:156.1)
Edith Stafford, 29700 Hursh, indicated that she wanted to speak on this
item, but she didn't know quite what it was. She advised that she was
having a dust problem for the last four months, that did not seem to get
better. She indicated that she had spoken with the Public Works Inspector
Mr. Stover, and he was very nice, but the dust kept coming. She noted that
she did not even wash her car anymore, because it was dusty the next day.
She suggested that the Council look at developers doing a project in the
City, and make sure it was stipulated that they watered their property down.
She noted she followed a truck on Machado that left a dust cloud, and
stressed that something needed to be done about the dust. She stressed the
problems with dust in her house, her computers, etc. She reiterated that she
was not quite sure what this issue was about and requested strong
stipulations to developers, since no one wanted to take responsibility.
Assistant City Manager Best clarified that this item was to provide
magnesium-chloride on the dirt streets to alleviate some of the problems on
dirt roads throughout the City.
Councilman Hickman clarified for Mrs. Stafford that the magnesium-
chloride would be spread on the roads in the Spring. He indicated that he
was sorry it wouldn't help right now, but he would make sure the
developers watered the ground.
MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE TO AUTHORIZE THE CITY MANAGER TO
EXECUTE A CONTRACT AGREEMENT WITH SOUTH WESTERN
SEALCOATING, INC., IN THE AMOUNT OF $72,483.84, TO PROVIDE
DUST CONTROL SERVICES.
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:25
P.M.
Page Forty-Two -City Council Minutes -October 12, 2004
THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT
8:26 P.M.
PUBLIC COMMENTS -NON-AGENDIZED ITEMS - 3 MINUTES
No Comments.
CITY MANAGER COMMENTS
Assistant City Manager Best commented on the following:
1) Extended Congratulations to Administrative Services Director
Pressey on the birth of their sixth child, daughter Shannon Hope
Pressey.
2) Announced that Mr. Bill Arnold would be installed on the Public
Safety Commission, tomorrow evening. She noted his presence at
this meeting.
3) Extended Congratulations to the Country Club Heights Committee on
their hard work.
4) Announced that the City Council would have a Study Session on
Ethics and Conflicts of Interest this Thursday at 5 p.m.
5) Announced that the City Council would have a Study Session
regarding Branding/City Logo next Thursday at 5 p.m.
6) Requested clarification on the request for a policy regarding group
requests for additional funding. She inquired if it was the consensus
of the Council to move forward on that item. Mayor Pro Tem Kelley
confirmed that it was part of the motion.
Page Forty-Three -City Council Minutes -October 12, 2004
7) Thanked the staff for filling in during the absence of the City
Manager.
CITY ATTORNEY COMMENTS
City Attorney Leibold commented on the following:
1) Announced that the Council met in Closed Session regarding one
case of anticipated litigation with no reportable action.
2) Responded to questions regarding last night's Electoral Reform
Committee Meeting, and clarified that it was an ad hoc advisory
committee, subject to the Brown Act requirements. She indicated
that the posting was in compliance and provided the opportunity at
the beginning of the meeting for public comments. She indicated
that the Chairwoman had made it very clear that there was only one
opportunity for public comment. She clarified that the attorney had
not said she could not discuss individual items, but rather the will of
the Chairwoman and the Committee. She explained that the noted
portion of the Brown Act required that there be allowance for the
public to speak before or during the consideration of the item. She
clarified that there was no policy requiring the same format for
committees as the City Council. She noted that the Committee was
considering a policy on ad hoc committees to address this issue, but
stressed that their meeting was conducted professionally with no
violations.
COMMITTEE REPORTS
No Reports.
CITY TREASURER COMMENTS
City Treasurer Weber commented on the following:
Page Forty-Four -City Council Minutes -October 12, 2004
1) Noted that at the 4 p.m. meeting he discussed the Southshore and
Wasson Canyon items, and advised that he would be meeting with the
Finance Team next week to decide what to do with the $2.6 million
that will be coming in. He indicated that they would be moving
forward to make sure it went where it belonged.
CITY COUNCIL COMMENTS
Councilman Schiffner had no comments.
Councilman Hickman commented on the following:
1) Offered kudos to the citizens that dropped off trash at the Diamond
Stadium. He suggested that if anyone missed the event, they could
call CR & R to schedule a special pick up.
2) Encouraged the public to work with the Chamber of Commerce on
the food drive for HOPE.
Mayor Pro Tem Kelley commented on the following:
1) Thanked the Country Club Heights Committee members, and noted
that they worked hard and did an excellent job.
2) Offered congratulations to Pastor Rodriguez and the First Assembly
of God Church, noting the grand opening of the new church on Grand
Avenue. She noted that it was a beautiful church.
3) Noted that the Art and Wine Festival was well attended.
4) Noted that the Cancer Society Walk for Life was held the same day
and was a very successful, moving event. She noted that she and the
Mayor had attended the event; and the Mayor handed out medals. She
indicated that the event was held in honor of a past student of hers.
Page Forty-Five -City Council Minutes -October 12, 2004
Councilman Magee commented on the following:
1) Indicated that he needed help from staff, as he had been inundated by
concerns regarding the motocross race track. He indicated that he
had been accosted by students, business owners and patrons of the
park, as there is some sort of rumor that the park was closing or that
the City Council took action to close the park. He indicated that
needed to be corrected, as it was not the case. He suggested that the
Press could help correct that interpretation, and recommended that the
staff do a release to clarify the facts. He indicated that for all of the
motocross enthusiasts, the park was staying, and noted that there
would also be the Grand Prix in November.
Mayor Buckley commented on the following:
1) Noted that he did not attend the last Council Meeting as he was
attending a Vector Control Conference in Boston. He noted that no
humans or horses had been found in this area with the virus so far,
and indicated that California was doing a good job compared to other
States.
2) Noted a copy of a letter from Rancho Santa Margarita regarding the
road from Riverside County to Orange County and indicated that he
would like to send a letter in response. The other Councilmembers
concurred that he should send a letter.
Councilman Schiffner noted that at the last meeting regarding the
road to Orange County, the organization was doing a study and had
eliminated the existing Highway 74 from consideration; however
Supervisor Buster, an Orange County Supervisor and himself had
insisted that it be considered as an option. He stressed that it might
be a better choice and the improvement would remove an existing
danger.
Page Forty-Six -City Council Minutes -October 12, 2004
3) Announced the following upcoming events:
October 22 -Red Ribbon Carnival -Lake Community Center
October 23 -Cruise Night -Downtown
October 31-Safe Candy Night -Downtown
November 2 -Election Day
November 6 -Household Hazardous Waste Collection
November 7 -Open Air Market
November 12-14 -Elsinore Grand Prix
November 20 -Unity in the Community Run and Parade
December 3 -Snow on Main Street at Winterfest
December 5 -Open Air Market
4) Addressed the audit and indicated that he and Councilman Magee
were committed to make sure the audit happens. He indicated that
they still did not have an adequate explanation as to what happened.
He noted a memo from Assistant City Manager Best that suggested
shelving the audit. He further noted that there were a great deal of
very good people in City Hall, but commented that with regard to the
audit, it was absolutely inappropriate for staff to malign the elected
board.
ADJOURNMENT
MAYOR BUCKLEY ADJOURNED THE REGULAR CITY COUNCIL
MEETING AT 8:40 P.M.
ATTEST:
3`HOMAS~UC ,MAYOR
CITY OF LA ELSINORE
CITY CLERK/
HUMAN RESOURCES DIRECTOR
MINUTES
CITY COUNCIL STUDY SESSION
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
THURSDAY, OCTOBER 14, 2004
CALL TO ORDER
The City Council Study Session was called to order by Mayor Buckley at 5:17
p.m.
ROLL CALL
PRESENT: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
HICKMAN, KELLEY,
MAGEE, SCHIFFNER,
BUCKLEY
NONE
Also present were: Assistant City Manager Best, City Attorney Leibold,
Community Development Director Brady, Community Services Director
Sapp, Police Chief Fetherolf, Information/Communications Manager Dennis,
Public Works Manager Payne, Recreation/Tourism Manager Fazzio and City
Clerk/Human Resources Director Kasad.
DISCUSSION ITEMS
Ethics and Conflict of Interest (F:44.1)
City Attorney Leibold indicated that the topics for this meeting were Conflicts of
Interest and Ethics; and noted that the two were often used interchangeably. She
clarified that Conflicts of Interest were specifically related to financial or
economic interests, as set out in the statutes and FPPC regulations. She explained
that they were established to prevent government officials from participating in
decisions in which they would have a conflict of interest. She commented that a
major difference between Conflict of Interest and Ethics, was that Ethics weren't
Page Two -City Council Study Session -October 14, 2004
legally required. She explained that Conflict of Interest laws establish a floor at
which a government official must decide if they can participate in a decision. She
further explained that issues of honesty and integrity, as ethical issues were hard to
legislate. She clarified that Conflict of Interest should be seen as a legal standard,
while ethical considerations were a matter of policy. She advised that the primary
law in this area was the Political Reform Act.
City Attorney Leibold presented a Powerpoint highlighting the annual disclosures
and who was required to file. She also explained that the Council adopted a
Conflict of Interest Code for designated employees, pursuant to FPPC
requirements and as they changed the law, the City regulations changed. She
advised that the only discretionary portion of that law was the list of designated
employees. City Clerk/Human Resources Director Kasad highlighted the list of
positions required to file. She explained that ongoing standing
commissions/committees were required to file, while ad hoc committees, of
limited duration were not required to file. She noted that the filings were public
records and explained the disclosure requirements, but indicated that the focus of
this meeting was the disqualification requirements.
Mayor Buckley questioned the warrant lists and noted that in some places, the
checks don't leave the City until the warrant list is approved. City Attorney
Leibold indicated that she did not believe that was a requirement, as the process of
warrants was permitted by the Government Code; and checks can be paid and sent
out, so long as there are appropriated funds. She clarified that the list to the City
Council was an appropriation, and there was no need to change the process in
relationship to Conflict of Interest.
City Attorney Leibold detailed the eight steps for determining whether a
disqualifying conflict of interest exists. She advised that the most recent
requirement was for the public official to announce their conflict and remove
themselves from the dias. She indicated that she had always recommended such
action, for the protection of the elected official. She stressed that disqualification
did not just apply to voting, but also meeting, influencing, etc.
Page Three -City Council Study Session -October 14, 2004
Mayor Buckley questioned the ownership of stocks. City Attorney Leibold
indicated that this came down to the issues of materiality; and an official would
have to disqualify themselves if there was a material financial effect. Mayor
Buckley requested clarification with regard to sources of income, i.e. gifts. City
Attorney Leibold indicated that it was necessary to keep track of gifts.
Councilman Magee questioned the ability to participate in a discussion if it was
within 300 feet of a parcel owned by the official. City Attorney Leibold clarified
that participating in the discussion would be deemed participation and a violation
of the rules.
Councilman Hickman questioned property ownership within proximity of the City.
City Attorney Leibold indicated that proximity was only important in decisions in
which the elected official participated. Mayor Buckley requested clarification that
the same would apply for a commissioner. City Attorney Leibold clarified that the
Statement of Economic Interest was required for each agency served, so the area
covered might go beyond City jurisdiction. Councilman Magee questioned a
project within 300 feet of a property owned by a Councilmember; and suggested
that the disqualification would limit freedom of speech. He questioned the ability
of an elected official to go to the podium. City Attorney Leibold indicated that
such action was viewed very critically, but it was acceptable to express their
views; however they would be required to articulate that they had a disqualifying
interest. She suggested that if such a situation arose, she would encourage the
Councilmembers to discuss the situation with herself or the Fair Political Practices
Commission.
Mayor Buckley inquired if a property was 300 feet away, but large enough to
impact all residents, if there was the potential to not disqualify oneself. City
Attorney Leibold used CFD 2003-1 as an example, noting that it was intended to
be City-wide for all new properties, so the impact was no different from anyone in
the City. Mayor Buckley questioned if the expansion of a road would be a similar
situation. City Attorney Leibold indicated that if it was part of a transportation
plan, it probably would not preclude voting, but if there was a unique and special
project, there might be a distinction. Mayor Buckley questioned a project like
Page Four -City Council Study Session -October 14, 2004
Machado Street. City Attorney Leibold indicated that it was part of the overall
CIP Program. She stressed that these were just issues that the Council needed to
keep in mind; and noted that she had supplied each Councilmember with the FPPC
"Can I Vote" publication as a reminder of the issues.
City Attorney Leibold addressed the Conflict issues relating to Contract, as the
Common Law Doctrine of Self-Dealing. She indicated that unlike the Political
Reform Act, it was not enough to disclose and not participate; but rather, the
contract could not be entered into. She provided an example and noted that there
were a series of exemptions. She also highlighted the incompatible office
regulations, and explained that an official could not serve on the City Council and
the Water District simultaneously. Councilman Magee noted that there was an
individual serving on two different City committees and running for a seat on the
Water Board. He inquired what that person would have to do if they were
successful in the election. City Attorney Leibold indicated that since he was an
appointed Commissioner, it might be incompatible; but if it were an ad hoc
advisory committee, it was unlikely that the issue would arise. She indicated that
it would depend on the conflict. Councilman Magee questioned who could push
that individual off a Commission; and noted that there was a situation in the
1990's and it took the press to push the issue. City Attorney Leibold indicated that
the public had a stick, and the Attorney General had a stick. Mayor Buckley
suggested that the Council would have that authority. City Attorney Leibold
indicated that it might be a matter for discussion at a later date. Councilman
Schiffner noted that he was removed from the Flood Control Commission, when
he became a Councilmember. City Attorney Leibold indicated that there were two
rules relevant to Redevelopment conflicts and real property. She noted that the
only exception was the personal/principle place of residence. She explained that
if property is owned when someone assumes office, they are required to disclose
it. She further explained that once someone assumes office, it is illegal to acquire
property in the redevelopment area, except for a personal residence. Mayor
Buckley questioned a house with an apartment; and whether it would be possible
to rent it, or a room out. City Attorney Leibold indicated that if the residence was
owned, most likely it would be okay to rent it out. She noted that the Agency
could not acquire property from an Agency Boardmember, nor enter negotiations
Page Five -City Council Study Session -October 14, 2004
to acquire property. She indicated that the only way such a transaction could
occur was through eminent domain. Councilman Hickman questioned if
someone moved into another home and kept the first home. City Attorney
Leibold indicated that she did not see a requirement to sell any property that was
already owned, however the official would have to disclose the new acquisition.
She noted that if such an issue arose, she would like to look at the issue further.
City Attorney Leibold explained that the biggest potential for Conflict of Interest,
was under the Political Reform Act. She noted that the City was legally required
to adopt a Conflict of Interest Code, which was just done in September. She
reiterated that the City's code was the FPPC model Conflict of Interest Code, and
the City Code changes with the model. She noted that there were other policy and
municipal code provisions relevant to this discussion. She explained that there
was a Code of Ethics in the Municipal Code, as Chapter 2.09. She suggested that
the existing Code on this issue was a mishmash of Political Reform Act, ethics,
etc. She clarified that ethics were things like honesty, integrity, etc.; and noted that
she was troubled with those provisions being included as legal requirements. She
suggested that following the City law could be in violations of State law, however
it provides for a more restrictive qualifying interest. She noted that the City could
have discretion and choose to impose a stricter conflict of interest laws than the
State. She explained that the difficulty of that was keeping in step with new State
mandates, particularly if the City was more restrictive. She commented that
while it was a broad policy matter at the Council's discretion, she would question
if the Council should be legislating Conflict of Interest rules that are different from
the State. She stressed the difficulty of varying regulations, and suggested that the
rules could be too oppressive. She further addressed the Municipal Code section
and indicated that it picked up broader ethical considerations, and suggested that
honesty and loyalty were hard to legislate. She commented that most cities adopt
an oath swearing to abide by the Code of Ethics; while other cities adopted rules
of conduct. She noted that the City Council Policy Manual included a Code of
Ethics, but it was different from the Municipal Code.
City Attorney Leibold indicated that the last piece in the packet were four samples
Page Six -City Council Study Session -October 14, 2004
from Thousand Oaks, Santa Clara, Huntington Beach and the University of
California. She indicated that for discussion, she would hope the Council would
ask questions and discuss the issues generally, possibly giving direction to bring
something back to a City Council Meeting on Conflict of Interest rules already
governed by State law. She questioned if the Council wanted to further legislate
the issues or if it would be clearer to provide State law and not confuse the issues.
She questioned if the Council wanted to adopt a model Code of Ethics, if it should
be legislated or in a policy. She suggested that the existing Chapter 2.09 in the
Municipal Code was outdated and confusing. Mayor Buckley indicated that
whatever could match State law made the most sense. He indicated that
legislating those issues was difficult in that the definitions were not clear. He
questioned the meaning of "disloyal to the political objectives expressed by the
electorate". He indicated that there was no question that a Code of Ethics should
be in the Policy Manual; and questioned the ability to add something to the Oath
of Office. City Attorney Leibold suggested that it would be sequential with the
standard followed by a City Oath. Mayor Buckley suggested that it be in the
Policy Manual for elected and non-elected officials.
Councilman Schiffner indicated that it was his understanding that the FPPC could
establish rules, but had no policing power to enforce them. He noted that he
asked the question at the .League Conference, but got the run-around on the
answer. He questioned having rules when the people could violate them without
sanctions. City Attorney Leibold clarified that the Municipal Code was
enforceable, but the difficulty was in looking at the Code provisions and
determining if a violation had occurred. She indicated that there was no body of
law defining a personal interest for the Municipal Code. She explained that on
financial interests there were volumes of history and reams of regulations, but the
difficulty was in making a clear determination on which to make a finding.
Councilman Schiffner questioned the ability to spell out this type of regulations
adequately. City Attorney Leibold indicated that she could attempt to do so, but
questioned how to determine that someone had complied with the oath for the
purposes of prosecution. She stressed that she could try, but it was a very difficult
task. Mayor Buckley noted the current Code on gifts and favors and indicated
Page Seven -City Council Study Session -October 14, 2004
that it should apply to everyone, and then it should be conveyed to the people with
whom someone was doing business. He indicated that he would recommend
eliminating the inconsistencies between the City Code and State Law., as the two
should mirror each other. Councilman Magee suggested cutting out flowery
language in the Municipal Code and substituting references to the State Code.
City Attorney Leibold concurred and noted the Codes which could be referenced,
rather than attempting to restate the requirements.
Councilman Schiffner questioned if there was any reason it should be different
from the State Code. City Attorney Leibold indicated that there was not, but it
would be appropriate to address a Code of Ethics. She commented that it was a
good recommendation to reference other codes, but stressed that ethics were
important, but hard to legislate.
Mayor Buckley inquired if Municipal Code Section 2.09 would come back, per the
Council consensus, with the State cites and the ethics code. City Attorney
Leibold indicated that she would provide language on the Code of Ethics. Mayor
Buckley suggested fixing the policy and creating a separate City Oath that
specifically refers to the Ethics Code, which could include sanctions. City
Attorney Leibold indicated that she could do that, but it would be a matter of
policy and a hearing body could be established or a process implemented. Mayor
.Buckley suggested that violations could lead to termination or loss of office.
Mayor Pro Tem Kelley questioned suggesting a Code of Ethics with sanctions
attached, as legislating the issues would be so subjective. She noted that she had
reviewed the samples for Santa Clara and Thousand Oaks and preferred the
Thousand Oaks one. She indicated she would prefer a policy statement rather
than an Oath. She commented that she did not think the Council should go down
the road of sanctions for perceived activities. City Attorney Leibold clarified the
types of things that would generally be addressed in an Ethics Code and concurred
that they were difficult to identify and address. -Mayor Buckley noted that the
Thousand Oaks sample did include sanctions, but questioned if a separate Oath
would be better. Mayor Pro Tem Kelley indicated that she had no problems with
the Oath, but was concerned with the sanctions, as it would be so subjective.
Page Eight -City Council Study Session -October 14, 2004
Councilman Schiffner commented that if the intent was to include enforcement, it
would have to be included in the Municipal Code and spelled out in great detail, as
it would be law. City Attorney Leibold commented on the difficulty of things like
honesty and integrity, and how to prosecute violations. She suggested that to the
extent a separate Code of Ethics was adopted, she could provide a process
whereby sanctions such as censorship or public apologies were imposed.
Assistant City Manager Best noted that several years ago there were sanctions
which were unwritten but placed on a Councilmember. She noted that legislating
rules and sanctions would put the staff in a position of being a policing agency and
enforce the regulations. She indicated that this made it difficult to maintain good
working relationships. She questioned the distinction between ethics and conduct.
City Attorney Leibold indicated that some cities do distinguish between a Code of
Conduct on things like meeting decorum, and. conducting one's self as a public
official at all times. City Attorney Leibold noted that Police Chief Fetherolf had
specific knowledge in the area of ethics and deferred to his comments.
Police Chief Fetherolf commented that ethical behavior had to do with "ought to"
behavior, which is generally covered by manuals and policy. He explained that
"morality" was correct behavior which was prosecutable. He noted that when
there are attempts to sanction ethical behavior it is very difficult to prosecute, and
tends to be a disincentive. City Attorney Leibold thanked him for his comments
and noted his credentials in this regard. Police Chief Fetherolf explained that his
doctoral dissertation was on Ethical Behavior, and he would be happy to assist the
City Attorney on this project.
City Attorney Leibold noted comments on rules of decorum of meetings, and
while Roberts Rules of Order were discussed, they were not completely
applicable. She noted that the City Clerk had provided copies of Rosenberg's
Rules of Procedure, and indicated that at some point as work was done on the
Policy Manual, she would be asking the Council which one they prefer. Mayor
Buckley inquired if the policy should be rewritten to include something else,
noting that Robert's Rules could be used as a guide although there was not enough
clarity or simplicity. City Attorney Leibold suggested that there was a hierarchy
Page Nine -City Council Study Session -October 14.2004
of rules, but offered to make the suggestion to the Electoral Reform Committee, as
they would be making recommendations with regard to commissions, committees,
and ad hoc committees. She commented that the reference to Robert's Rules
could be deleted or changes. Mayor Buckley requested the provision of copies of
Rosenberg's Rules to the Public Safety Advisory Commission and Planning
Commission.
City Attorney Leibold noted that there were other reference materials available
which might be appropriate to obtain for information. She noted the availability
of a "Local Officials Guide to Ethics Law".
Mayor Buckley inquired if there was a consensus to match City Code to the State
law and let City Attorney Leibold and Police Chief Fetherolf to take a stab at the
policy, with the materials being forwarded to the entire Council.
Edith Stafford, 29700 Hursh, questioned what nepotism would come under; and
how it would come into play. City Attorney Leibold indicated that it was not a
statute, but rather a matter of policy, but there was a clear statement in the
Personnel Rules. Mrs. Stafford inquired about ethics and how anyone could
define ethics in a way of living. She noted excuses people could make for their
actions and how to determine a set of rules and put it into living. Mayor Buckley
commented that people are either ethical or not ethical. Mrs. Stafford questioned
what defined that. Police Chief Fetherolf reiterated that ethics were "ought to"
behaviors, defined by policy and rules of an organization. He noted that a
personnel code would establish and govern behavior, and related sanctions could
be loss of a job, depending on how the rules and regulations were written. He
noted that there were a variety of rules in the Sheriff's Department, and noted that
employees took an oath that they would live per those rules and regulations or risk
discipline. Mrs. Stafford commented that lying would be unethical. Police Chief
Fetherolf concurred that would be a breech of ethical behavior.
ADJOilRNMENT
Page Ten -City Council Study Session -October 14, 2004
The City Council Study Session was adjourned at 6:35 p.m.
THOMAS BUCKLE
CITY OF LAKE ELF
VICKI KASAD, CMC, CITY CLERK/
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE